The Albany
District Court, E.D. Michigan
In Admiralty. On libel for salvage and cross-libel for embezzlement. Th»3 libel was filed to recover the sum of $805 for the use by the propeller Albany of libelant’s tug Major Dana for 73 hours, from 8 o’clock a. m. of November 28, 1887, at $10 per hour, and for 3 days’ use of 2 lighters, at $25 per day, during the same period. In support of their claim, libelants offered in evidence a bill, certified by the master of the Albany, for this amount.
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In Admiralty. On libel for salvage and cross-libel for embezzlement. Th»3 libel was filed to recover the sum of $805 for the use by the propeller Albany of libelant’s tug Major Dana for 73 hours, from 8 o’clock a. m. of November 28, 1887, at $10 per hour, and for 3 days’ use of 2 lighters, at $25 per day, during the same period. In support of their claim, libelants offered in evidence a bill, certified by the master of the Albany, for this amount. The answer and cross-libel alleged — ■ . “That by said hiring it became and was the duty of the master and crews of said- tug and lighters to take…
1Opinion of the Court
Brown, J.,
(after stating the facts as above.') The real question in this case is whether the libelants are responsible for the wholesale plunder of the property placed upon the tug and these lighters, and the answer to this practically depends upon the further question whether the men in charge .of such tug and lighters were employed by the libelants or by the Albany, or were merely marauders acting upon their own responsibility.
There is no doubt of the general proposition that salvors are bound to take such care of the property saved as a prudent person takes of his own property; that they…
2Cases cited12 opinions
- The Amiable NancySupreme Court of the United States · 1818
- Propeller Niagara v. CordesSupreme Court of the United States · 1859
- Mason v. Ship BlaireauSupreme Court of the United States · 1804
- Mali v. . LordNew York Court of Appeals · 1868
- Striker v. KellyNew York Supreme Court · 1845
7 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Jackson Marine Corporation, Richard G. Trudell, Felis F. Denton, III v. Blue Fox, Its Tackle, Gear, Apparel, Etc.Court of Appeals for the Fifth Circuit · 1988
- St. Clair Marine Salvage, Inc. v. Michael BulgarelliCourt of Appeals for the Sixth Circuit · 2015