Robson v. The Huntress
U.S. Circuit Court for the District of Eastern Pennsylvania
[Appeal from the district court of the United States for the Eastern district of Pennsylvania.] The Huntress, an American brig, bound on a trading voyage to Sierra Leone, and other places on the west coast of Africa, was fallen in with, off Cape Lopez, (lat. 2° 30' N., Ion. 9° 45' E.,) by the Jaekall, a steam tender to H. B. M.’s ship Gladiator. The brig had her flag hoisted union down, which is the ordinary signal of distress.
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[Appeal from the district court of the United States for the Eastern district of Pennsylvania.] The Huntress, an American brig, bound on a trading voyage to Sierra Leone, and other places on the west coast of Africa, was fallen in with, off Cape Lopez, (lat. 2° 30' N., Ion. 9° 45' E.,) by the Jaekall, a steam tender to H. B. M.’s ship Gladiator. The brig had her flag hoisted union down, which is the ordinary signal of distress. On boarding her, it was found that her captain had died some time before, and that the first mate, having been taken with the coast fever, was lying senseless,…
1Opinion of the Court
GRIER, Circuit Justice.
It is no objection to a claim for salvage that the service has been rendered By the officers and crew of a national vessel; or that such vessel is in the service of the sovereign of a foreign nation.
The right of a consul to intervene on behalf of citizens of his own country who are absent but interested, seems too well established in practice to be doubted. He cannot intervene for his sovereign when such sovereign has a minister or ambassador resident in the country. Regularly he should state for whom he intervenes, more fully than is set forth in this bill. But this…
2Cited by2 opinions
- Falk v. United States Shipping Board Emergency Fleet Corp.Court of Appeals for the Fifth Circuit · 1922
- Petersen v. BrockelmannNew York Marine Court · 1874