Legal Opinion

Clarke v. The Rita

Court of Appeals for the Fifth Circuit

Decided May 8, 1894No. 176PublishedCited by 6 opinions

Appeal from the District Court of the United States for the Eastern District of Texas. This was a libel by Charles Clarke and others against the steamship Rita, for salvage. The district court rendered a decree for libelants. They and certain interveners appealed, assigning as error that the amount awarded was inadequate.

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Appeal from the District Court of the United States for the Eastern District of Texas. This was a libel by Charles Clarke and others against the steamship Rita, for salvage. The district court rendered a decree for libelants. They and certain interveners appealed, assigning as error that the amount awarded was inadequate. Charles Clarke & Co., a firm composed of Charles Clarke, Robert P. Clarke, and Pred A. Brock, owners of the steam tug Seminole, for themselves and others interested as salvors, filed a libel in the district court of the United States for the eastern district of Texas on…

1Opinion of the CourtPardee, Circuit Judge

(after stating the facts). “Salvage, in its simple character, is the service which volunteer adventurers spontaneously render to the owners in the recovery of property from loss- or damage at sea under the responsibility of making restitution, and with a lien for their reward.” Mad. Shipp. 608. “Salvage is the compensation due to persons by whose voluntary assistance a ship or its lading has been saved to the owner from impending peril, or recovered after actual loss.” Ben. Adm. § 300. “Salvage consists of an adequate compensation for the actual outlay of labor and expense used in the…

2Cases cited1 opinion

  1. The EgyptU.S. Circuit Court for the District of Eastern Virginia · 1883

3Cited by6 opinions

  1. Mississippi Valley Barge Line Co. v. Indian Towing Co.Court of Appeals for the Fifth Circuit · 1956
  2. The Craster HallCourt of Appeals for the Fifth Circuit · 1914
  3. The CatalinaCourt of Appeals for the Fifth Circuit · 1900
  4. Mississippi Valley Barge Line Company v. Indian Towing CompanyCourt of Appeals for the Fifth Circuit · 1956
  5. New Orleans, B. R. M. & C. A. Steamship Co. v. WeltzinCourt of Appeals for the Fifth Circuit · 1896

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