The Arizonan
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Eastern District of New York. On appeal from a decree of the District Court for the Eastern District of New York, awarding the sum of $2,833.34 to the owners of the tug for a salvage service, rendered by the tug Unique in rescuing the steamship Arizonan from a burning dock in Brooklyn.
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Appeal from the District Court of the United States for the Eastern District of New York. On appeal from a decree of the District Court for the Eastern District of New York, awarding the sum of $2,833.34 to the owners of the tug for a salvage service, rendered by the tug Unique in rescuing the steamship Arizonan from a burning dock in Brooklyn. The appellant, the Merritt & Chapman Derrick & Wrecking Company, was the charterer of the tug and intervened, insisting that the salvage, or at least some part thereof, should he paid to it.
1Opinion of the Court
COXE, Circuit Judge.
The appeal presents but a single question — Is the charterer entitled to the award for salvage, or any part thereof, or should the entire sum go to the owner of the tug?
It is not pretended that the correspondence between the parties, which constituted the contract of hiring, was a full demise of the tug; there can be no doubt, however, that on -the day in question the appellant had bought, paid for and was entitled to the entire services of the tug. She was actually engaged in towing two of appellant's derricks when she discovered the fire which threatened the Arizonan.…
2Cited by7 opinions
- Chemical Carriers, Inc. v. L. Smit & Co.'s Internationale SleepdienstDistrict Court, S.D. New York · 1957
- Castner, Curran & Bullitt, Inc. v. United StatesCourt of Appeals for the Second Circuit · 1925
- The Johnson Lighterage Co. No. 24Court of Appeals for the Third Circuit · 1918
- The Johnson Lighterage Co. No. 24District Court, D. New Jersey · 1917
- Katahdin Pulp & Paper Co. v. PeltomaaCourt of Appeals for the First Circuit · 1907
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