Whitmire v. Cobb
Court of Appeals for the Fifth Circuit
Appeal from the District Court of the United States for the Northern District of Florida. On July 7, 1896, a storm swept over the western part of Florida, taking in its course the mouths of Escambia River and Escambia Bay, an arm of Pensacola Bay. At Ferry Pass, on one of these mouths of the river, there were several thousand sticks of timber gathered together which were cast adrift by the storm, and carried by the wind and tide out into the waters of Es-cambia Bay.
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Appeal from the District Court of the United States for the Northern District of Florida. On July 7, 1896, a storm swept over the western part of Florida, taking in its course the mouths of Escambia River and Escambia Bay, an arm of Pensacola Bay. At Ferry Pass, on one of these mouths of the river, there were several thousand sticks of timber gathered together which were cast adrift by the storm, and carried by the wind and tide out into the waters of Es-cambia Bay. Two hundred and l'orty-one of these sticks, scattered along the eastern shore of Escambia Bay near G-areon Point, for a distance…
1Opinion of the Court
PEE CTJBIAM.
Tbe assignments of error raise two questions: Is the case made by the libel one of salvage? and whether the amount allowed by the district court is erroneous, because excessive. - Timber found drifting with the tide on deep water, in the harbor and out of the control of the owners, is the subject of salvage. Bywater v. A Raft of Piles, 42 Fed. 917. See, also, Muntz v. A Raft of Timber, 15 Fed. 555; A Raft of Spars, 1 Abb. Adm. 485, Fed. Cas. No. 11,529; Fifty Thousand Feet of Timber, 2 Lowell, 64, Fed. Cas. No. 4,783. Following these decisions, we hold that the case made by the…
2Cases cited3 opinions
- Fifty Thousand Feet of TimberDistrict Court, D. Massachusetts · 1871
- Bywater v. A Raft of PilesDistrict Court, D. Washington · 1890
- Muntz v. A Raft of TimberDistrict Court, E.D. Louisiana · 1883
3Cited by7 opinions
- Tidewater Salvage, Inc. v. Weyerhaeuser Co.Court of Appeals for the Ninth Circuit · 1980
- Colby v. Todd Packing Co.District Court, D. Alaska · 1948
- Aqua Log, Inc. v. Lost & Abandoned Pre-Cut Logs & Rafts of LogsDistrict Court, M.D. Georgia · 2015
- Aqua Log, Inc. v. Lost & Abandoned Pre-Cut Logs & Rafts of LogsDistrict Court, M.D. Georgia · 2015
- Aqua Log, Inc. v. Lost & Abandoned Pre-Cut Logs & Rafts of LogsDistrict Court, M.D. Georgia · 2015
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