The George W. Elzey
Court of Appeals for the Second Circuit
Appeal'from the District Court of the United States for the Eastern District of New York. Libel by Frederick Bouchard and others against the schooner George W. Elzey, her tackle, etc., claimed by George W. Elzey. From a decree for libelants (242 Fed. 318)-, claimant appeals. The action is for salvage services rendered the schooner by the tug C. Gallagher on the morning of July SO, 1916, by tailing her away from a fire at “Black Tom,” New York Harbor.
Read the full summary
Appeal'from the District Court of the United States for the Eastern District of New York. Libel by Frederick Bouchard and others against the schooner George W. Elzey, her tackle, etc., claimed by George W. Elzey. From a decree for libelants (242 Fed. 318)-, claimant appeals. The action is for salvage services rendered the schooner by the tug C. Gallagher on the morning of July SO, 1916, by tailing her away from a fire at “Black Tom,” New York Harbor. This place is a railroad terminal, and at the date given contained, in cars, and perhaps boats also, large quantities of munitions of war. At…
1Opinion of the Court
'HOUGH, Circuit Judge
(after stating the facts as above). [1] The rule in respect to harbor salvage, where assistance is abundant and available, we stated in The O. C. Hanchett, 76 Fed. 1003, 22 C. C. A. 678; the awards should be moderate.
[2-5] The peculiar merits alleged in this instance, as gathered from the libel, argument for appellee, and opinion below, are that libelant’s personal bravery was remarkable; that the Elzey was most skillfully snatched from danger at exactly the right time — delay would have been fatal; that the schooner was abandoned, if not technically a derelict; and that…
2Cases cited4 opinions
- The Henry Steers, Jr.District Court, E.D. New York · 1901
- The BremenDistrict Court, S.D. New York · 1901
- Hamilton v. The KaaterskillDistrict Court, S.D. New York · 1892
- Eastern & A. R. Co. v. LydiaDistrict Court, E.D. New York · 1892
3Cited by9 opinions
- The Cape RaceCourt of Appeals for the Second Circuit · 1927
- Fine v. RockwoodDistrict Court, S.D. Florida · 1995
- W. E. Rippon & Son, as Owner of the Sheerlegs Pluto, Libelant-Appellee v. United States of America, as Owner of the U.S.N.S. OcklawahaCourt of Appeals for the Second Circuit · 1965
- The High CliffCourt of Appeals for the Second Circuit · 1921
- The Niels NielsenCourt of Appeals for the Second Circuit · 1921
4 more not listed; retrieve them via the Exa API.