One Hundred & Ninety-Four Shawls
District Court, S.D. New York
This was a libel in rem, filed by Thomas Crowell and others, the owner, master, and crew of the bark Reliance, against one hundred and ninety-four shawls, and certain other articles salved by the libellants from the wreck of the Lady Kenneway, to recover salvage compensation. The Reliance was a British vessel, owned in Liverpool.
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This was a libel in rem, filed by Thomas Crowell and others, the owner, master, and crew of the bark Reliance, against one hundred and ninety-four shawls, and certain other articles salved by the libellants from the wreck of the Lady Kenneway, to recover salvage compensation. The Reliance was a British vessel, owned in Liverpool. The libel-lants were all of them British subjects and residents, and the crew of the bark were all shipped for the voyage during which the salvage for which compensation was now claimed was effected, under British articles. The leading circumstances upon which the…
1Opinion of the Court
BETTS, District Judge.
An objection is taken by the claimants to the mode of proceeding adopted in this cause, which is deemed by them to be of great importance in its bearing U}»n the merits; as is also the omission in the original and supplemental libel of any averment that the master of the Reliance entered in his log a full specification of the articles taken by him from the Lady Kenneway. Th$ conclusion to which the court has arrived upon another branch of the defence will, however, render it unnecessary to consider those points.
I have carefully examined all the proofs in the cause, as…
2Cases cited1 opinion
- Gardner v. ThomasNew York Supreme Court · 1817
3Cited by3 opinions
- Canada Malting Co. v. Paterson Steamships, Ltd.Supreme Court of the United States · 1932
- Thomson v. Continental InsuranceCalifornia Supreme Court · 1967
- Fry v. CookDistrict Court, E.D. Louisiana · 1876