Legal Opinion
Usatorre v. the Victoria
Court of Appeals for the Second Circuit
Decided January 27, 1949No. 120, Docket 21171PublishedCited by 26 opinions
1Opinion of the Court
FRANK, Circuit Judge.
I
The Salvage Claims
1. If, as dhe trial judge held, the jus gentium applies, then, regarding the decisions of our courts as reflecting it, libellants would seem clearly to be salvors. According to those decisions, abandonment by the master, in the face of what he deems a disaster, without expectation of returning, severs the crew’s employment contract even if, subsequently, the vessel turns out to be safe and the crew then returns. That rule would apply here. There was ample evidence to support the finding that the men in lifeboat No. 1 volunteered. The judge did not…
2Cases cited35 opinions
- United States v. WiltbergerSupreme Court of the United States · 1820
- McBoyle v. United StatesSupreme Court of the United States · 1931
- Cunard Steamship Co. v. MellonSupreme Court of the United States · 1923
- Canada Malting Co. v. Paterson Steamships, Ltd.Supreme Court of the United States · 1932
- The BelgenlandSupreme Court of the United States · 1885
30 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- National Labor Relations Board v. National Maritime Union of AmericaCourt of Appeals for the Second Circuit · 1949
- Leo Walton v. Arabian American Oil CompanyCourt of Appeals for the Second Circuit · 1956
- Gerassimos Vinieris v. Byzantine Maritime CorporationCourt of Appeals for the Second Circuit · 1984
- Tobin v. Edward S. Wagner Co., IncCourt of Appeals for the Second Circuit · 1951
- James W. Swain, Jr. v. Isthmian Lines, IncCourt of Appeals for the Third Circuit · 1966
21 more not listed; retrieve them via the Exa API.