Legal Opinion

Cope v. Vallette Dry-Dock

District Court, E.D. Louisiana

Decided January 3, 1882PublishedCited by 4 opinions

Action in rem for salvage. The libel alleged that the Yallette dry-dock, lying in liew Orleans, on the right bank of the Mississippi river, was run into by a steam-ship that was about leaving port, and was considerably damaged and left in great danger of sinking. The steam-tugs of libellant and others came and rendered assistance by pumping, which saved the dry-dock, and they were therefore entitled to salvage.

1Opinion of the Court

Billings, D. J.

This case has been heard upon a plea to the jurisdiction. The question submitted is whether the thing libelled is of such a nature or character as to make it subject to a claim for salvage in the sense in which that word is used in admiralty.

The subject of this libel is a dry-dock — a floating dock susceptible of elevation or depression in the water by means of pumping the water out or in. Its design and use is to be sunk under a vessel and then to be pumped out so as to become dry, leaving the vessel in a position to be inspected and repaired. It is incapable of…

2Cases cited6 opinions

  1. Insurance Co. v. DunhamSupreme Court of the United States · 1871
  2. The BelfastSupreme Court of the United States · 1869
  3. Ex Parte EastonSupreme Court of the United States · 1877
  4. The Hendrick HudsonDistrict Court, S.D. New York · 1869
  5. Fifty Thousand Feet of TimberDistrict Court, D. Massachusetts · 1871

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Charles Barnes Co. v. One Dredge BoatDistrict Court, E.D. Kentucky · 1909
  2. EVANS v. STARBUCKDistrict Court, E.D. Pennsylvania · 1894
  3. Broere v. Two Thousand One Hundred Thirty-Three DollarsDistrict Court, E.D. New York · 1947
  4. Arnold v. Eastin's TrusteeCourt of Appeals of Kentucky · 1903

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