Davey v. The Mary Frost
U.S. Circuit Court for the District of Eastern Texas
[Appeal from the district court of the United States for the eastern district of Texas.] This was.an attempt of firemen to recover salvage of a vessel for extinguishing a fire which broke out in her while lying at the wharf of GalveRton. cited Spencer v. The Ch. Avery [Case No. 13,232]; The Tees, Lush. 505; 2 Pars.
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[Appeal from the district court of the United States for the eastern district of Texas.] This was.an attempt of firemen to recover salvage of a vessel for extinguishing a fire which broke out in her while lying at the wharf of GalveRton. cited Spencer v. The Ch. Avery [Case No. 13,232]; The Tees, Lush. 505; 2 Pars. Shipp. & Adm. 277; Stevens v. S. W. • Downs [Case No. 13,411]; Le Tigre [Id. 8,281],—and claimed that as there was no law or ordinance making it the duty of firemen to put out fires, they were entitled to salvage.
1Opinion of the Court
BBADLEY, Circuit Justice.
This is a libel for salvage. The libellants state that on the *1511th of January, 1876, the barkentine Mary Frost was moored at a wharf in Galveston •taking In cargo, and already had on board •and closely stowed in the hold about 800 • bales of cotton; that about 9 o’clock in the •evening an alarm of fire was sounded throughout the city and port, and in response thereto the libellants went immediately to the wharf to which the vessel was moored and discovered flames and smoke issuing from her hold and cabin, and that she and her cargo were on fire; that the libellant Davey…
2Cited by8 opinions
- Workman v. New York CitySupreme Court of the United States · 1900
- Ralli v. TroopSupreme Court of the United States · 1895
- Mills v. Old Colony Steamboat Co.Massachusetts Supreme Judicial Court · 1884
- Firemen's Charitable Ass'n v. RossCourt of Appeals for the Fifth Circuit · 1893
- The RoanokeDistrict Court, E.D. Wisconsin · 1891
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