Legal Opinion

The Barque Island City— Pierce, Cromwell, Libellants

Supreme Court of the United States

Decided January 27, 1862PublishedCited by 39 opinions

This was a libel for salvage by H, B.;Cromwell and others, owners of the steamer "Western port, against the barque Island City. The libel was filed in the District Court of the United States for Massachusetts, and was removed into the Circuit Court on the certificate of the district judge that he was in terested. In January, 1857, the Island City, on her voyage from Galveston to Boston, made Cape Cod in a snow-storm.

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This was a libel for salvage by H, B.;Cromwell and others, owners of the steamer "Western port, against the barque Island City. The libel was filed in the District Court of the United States for Massachusetts, and was removed into the Circuit Court on the certificate of the district judge that he was in terested. In January, 1857, the Island City, on her voyage from Galveston to Boston, made Cape Cod in a snow-storm. The master-finding he could not get by the cape, anchored in Vineyard Sound; but finding his ground tackle would not hold, he cut away the masts, and brought up near the…

1Opinion of the CourtJustice Grier

If the barque “Island City” was derelict when she was rescued by the Westernport, the libellant would be entitled to the usual allowance for salvage in such a case, without regard to previous unsuccessful attempts to rescue her by the Forbes and the schooner Kensington.

The owners of the, barque have not appealed from the decision of the court on the libel filed by the other alleged salvors. But the decision of those eases may be collaterally challenged in this, in so far as they affect th.e rights of the libellant, if his vessel was entitled to the whole, and has received but one-third.

The…

2Cases cited2 opinions

  1. Mason v. Ship BlaireauSupreme Court of the United States · 1804
  2. Talbot v. SeemanSupreme Court of the United States · 1801

3Cited by39 opinions

  1. The BlackwallSupreme Court of the United States · 1870
  2. Martha's Vineyard Scuba Headquarters, Inc. v. The Unidentified, Wrecked and Abandoned Steam Vessel, Etc.Court of Appeals for the First Circuit · 1987
  3. R.M.S. Titanic, Inc. v. HaverCourt of Appeals for the Fourth Circuit · 1999
  4. The CamancheSupreme Court of the United States · 1869
  5. P. Dougherty Co. v. United States. P. Dougherty Co. v. United StatesCourt of Appeals for the Third Circuit · 1953

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