The Excelsior
Supreme Court of the United States
This was a libel in rem, in admiralty, in a cause -of salvage, filed by the Baker Salvage Company, a corporation of Virginia, against the steamer Excelsior and her cargo, in the District Court of the United States for the Eastern District of Virginia.
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This was a libel in rem, in admiralty, in a cause -of salvage, filed by the Baker Salvage Company, a corporation of Virginia, against the steamer Excelsior and her cargo, in the District Court of the United States for the Eastern District of Virginia. That court awarded to the libellant, by a decree made on the 21st of February, 1884, the sum of $5600, as salvage, being per cent, on $160,000, the value of the Excelsior having been found at $150,000, and the value of her cargo at $10,000. 19 Fbd. Rep. 436. The. claimant appealed to the Circuit Court, which, on the 19 th of May, 1884, affirmed…
1Opinion of the Court
Mr. Justice Blatchford,
after stating the case as above reported, delivered the opinion of the court.(1) It is contended, on the facts found, that the question of salvage was fairly raised and settled between the parties before any work was done on the vessel; that what passed amounted to an announcement by Captain Stoddard, the master of the libellant’s wrecking steamer, that'he must be paid for his services at all events; that this proposal was assented to by the master of the Excelsior; that the work, proceeded under that arrangement; and that, therefore, there could be no claim for salvage.
2Cases cited4 opinions
- The CamancheSupreme Court of the United States · 1869
- Irvine v. the HesperSupreme Court of the United States · 1887
- The ConnemaraSupreme Court of the United States · 1883
- The TornadoSupreme Court of the United States · 1883
3Cited by23 opinions
- Williams v. Branning Manufacturing Co.Supreme Court of North Carolina · 1911
- First Ecclesiastical Society v. BesseSupreme Court of Connecticut · 1923
- Mitchell v. DoughertyCourt of Appeals for the Third Circuit · 1898
- Cape Fear Towing & Transportation Co. v. PearsallCourt of Appeals for the Fourth Circuit · 1898
- The ShreveportDistrict Court, E.D. South Carolina · 1930
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