The Celtic Chief
Court of Appeals for the Ninth Circuit
Appeals from the District Court of the United States for the Territory of Hawaii; Chas. F. Clemons, Judge. Suits in admiralty for salvage by the Inter-Island Steam Navigation Company, Limited, owner of the steamers Helene, Mikahala, Dike-like, and Mauna Kea, for itself, the officers and crews of said steamers, and other servants of said owner, by the Miller Salvage Company, Limited, owner of other vessels, and by the Matson Navigation Company, owner of the tug Intrepid, for…
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Appeals from the District Court of the United States for the Territory of Hawaii; Chas. F. Clemons, Judge. Suits in admiralty for salvage by the Inter-Island Steam Navigation Company, Limited, owner of the steamers Helene, Mikahala, Dike-like, and Mauna Kea, for itself, the officers and crews of said steamers, and other servants of said owner, by the Miller Salvage Company, Limited, owner of other vessels, and by the Matson Navigation Company, owner of the tug Intrepid, for itself and the officers and crew of said tug, against the British steamship Celtic Chief, John Henry, master and…
1Concurrence
GILBERT, Circuit Judge, and WOLVERTON, District Judge
(concurring). [3] We are unable to concur in the view that a salvage *768award to the Miller Salvage Company should be denied for the reason that Miller withheld from the master of the Celtic Chief the information that the vessel was about to be rescued, or for the reason that Miller expressed the wish or purpose so to haul off the vessel as to cause her to bump the Arcona. It is not shown that Miller’s suppression of facts in any way endangered the distressed vessel. Although on the Monday preceding there had been a hazy condition which…
2Cases cited1 opinion
- The BirdieU.S. Circuit Court for the District of Southern New York · 1870