Legal Opinion · Dissent

The Bayamo

Court of Appeals for the Fifth Circuit

Decided June 8, 1909No. 1,896Published

Appeal from the District Court of the United States for the Southern District of Florida.

1DissentPardee, Circuit Judge

My examination of the record in this case brings me to the following conclusions:

1. The contention of the original libelants to be allowed salvage on the Bayamo the same as if they had effected the full relief of *66the ship, and on the ground that they were the first salvors in possession and were taking effective measures, which would have resulted in full relief had they not been discharged — in fact, ousted by the master of the Bayamo — should be denied, because, under the evidence, the court cannot say that the libelants could and would have saved the ship, if left to their own unaided…

2Cases cited4 opinions

  1. The Barque Island City— Pierce, Cromwell, LibellantsSupreme Court of the United States · 1862
  2. Muntz v. A Raft of TimberDistrict Court, E.D. Louisiana · 1883
  3. Byrne v. JohnsonCourt of Appeals for the Fifth Circuit · 1893
  4. The TolomeoDistrict Court, S.D. Florida · 1881

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