Merritt & Chapman Derrick & Wrecking Co. v. Chubb
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. This is a libel for salvage services in raising the passenger steamboat Catskill, which had been sunk in collision in the North river, and for towing her ashore.
Read the full summary
Appeal from the District Court of the United States for the Southern District of New York. This is a libel for salvage services in raising the passenger steamboat Catskill, which had been sunk in collision in the North river, and for towing her ashore. The following opinions were delivered in the court below by BROWN, District Judge: In the decision previously announced I held that Chubb & Son were not bound to pay for raising and towing the Catskill at ordinary contract rates per day’s work, but only in proportion to the value of the results of the salvage operations; and in this view I…
1Per curiam
From the testimony in the case we are satisfied that the services of the libelant in and about the raising of the wreck of the Catskill weré rendered upon an agreement with Chubb & Son that they should be compensated for as salvage services only in proportion to value of remnants salved. We see no reason, upon the testimony, to question the propriety of the amount found by the court ($500). Under the pleadings, and upon the proofs, we think the district court erred in decreeing for this sum against the steamboat company. The decree should have been against Chubb & Son. If they are entitled to…
2Cited by5 opinions
- Magnolia Petroleum Co. v. National Oil Transport Co.Court of Appeals for the Fifth Circuit · 1923
- Dreyfus v. Marine Transit Corp.Court of Appeals for the Second Circuit · 1931
- G. L. 40. Cowles Towing Co. v. Grain Transit Corp.Court of Appeals for the Second Circuit · 1933
- Merritt & Chapman Derrick & Wrecking Co. v. Morris & Cumings Dredging Co.Court of Appeals for the Second Circuit · 1905
- The Gl 40.Court of Appeals for the Second Circuit · 1933