Merritt & Chapman Derrick & Wrecking Co. v. Morris & Cumings Dredging Co.
Court of Appeals for the Second Circuit
. Appeal from the District Court of the United States for the Southern District of New York. Appeal from final decree of the District Court for the Southern District of. New York, entered June 28, 1904, awarding the libelant $4,000, with interest and costs, for a wrecking service in raising the respondent’s dredge, No. 12, which sank in 18 or 20 feet of water near the Erie Basin breakwater, June 26, 1898, while engaged in dredging the channel at that place.
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. Appeal from the District Court of the United States for the Southern District of New York. Appeal from final decree of the District Court for the Southern District of. New York, entered June 28, 1904, awarding the libelant $4,000, with interest and costs, for a wrecking service in raising the respondent’s dredge, No. 12, which sank in 18 or 20 feet of water near the Erie Basin breakwater, June 26, 1898, while engaged in dredging the channel at that place. The opinion of the District Court, including the report of the commissioner, who states all of the salient facts, will be found reported…
1Per curiam
The work performed by the libelant, though skillful in execution and successful in result, was in no sense a salvage service. It had in it no element of danger to person or property, which is the principal factor relied on in sustaining large awards in salvage cases.
The problem of raising the sunken dredge was an exceedingly simple one; no new or difficult questions were presented for solution. The sinking occurred in summer, no storm was raging, the water was comparatively shallow, the bottom wai soft mud. The moment the wreckers saw the situation they knew exactly what to do. It is true…
2Cases cited2 opinions
- Doyle's adm'rs v. St. James' ChurchNew York Supreme Court · 1831
- Merritt & Chapman Derrick & Wrecking Co. v. ChubbCourt of Appeals for the Second Circuit · 1901
3Cited by4 opinions
- The AdaDistrict Court, S.D. New York · 1916
- Great Lakes Towing Co. v. St. Joseph-Chicago S. S. Co.Court of Appeals for the Seventh Circuit · 1918
- The ConvoyDistrict Court, E.D. New York · 1919
- The Paul L. BleakleyDistrict Court, S.D. New York · 1906