Fountain v. Sawyer
Court of Appeals for the Fifth Circuit
Appeal from the District Court of the United States for the Southern District of Florida. Suit in admiralty by Thomas Sawyer and others for salvage services. Decree for libelants, and James Fountain, claimant, appeals.
1Per curiam
The services rendered by the libelants in the court below were unquestionably salvage services, and the only question before this court is as to the amount of salvage compensation.
The proper amount to allow is a matter of opinion, based upon the evidence as to the facts and circumstances surrounding the services, and the rule on appeal is that the amount allowed by the lower court should not be reduced, unless some important error has been committed, such as the violation of just principles, or clear and palpable mistake, or gross overallowance. See The Sybil, 4 Wheat. 98, 4 L. Ed. 522; The…
2Cases cited4 opinions
- The CamancheSupreme Court of the United States · 1869
- The SybilSupreme Court of the United States · 1819
- The ConnemaraSupreme Court of the United States · 1883
- Sinclair v. CooperSupreme Court of the United States · 1883
3Cited by2 opinions
- The Santa RitaCourt of Appeals for the Fifth Circuit · 1922
- Howard v. AtchisonCourt of Appeals for the Fifth Circuit · 1912