Atlantic Transport Co. v. United States

GRAHAM, Judge.

This case involves, first, the question whether it is one of salvage or contract; and, second, whether, if it is a case of salvage, it was, under the facts, one in which as a part of the award there should be allowed a sum to make the plaintiff whole for losses and damage to its vessel, the Bardic, incident to its unsuccessful effort to tow the defendant’s ship, the Powhatan.

The question whether a case of assistance rendered at sea by one vessel to another is one of salvage or contract depends upon the facts in each particular ease, and the burden is upon the party asserting…