Merrill v. Fisher
Massachusetts Supreme Judicial Court
Replevin for a sloop yacht called the Pocahontas. Writ dated June 30, 1908. The defendant’s answer was as follows: “ And now comes the defendant in the above-entitled cause, and for answer says that he did not take nor detain the goods of the plaintiff, to wit: one sloop, formerly called the Pocahontas, unlawfully,' and without justifiable cause, as is alleged in the plaintiff’s writ.
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Replevin for a sloop yacht called the Pocahontas. Writ dated June 30, 1908. The defendant’s answer was as follows: “ And now comes the defendant in the above-entitled cause, and for answer says that he did not take nor detain the goods of the plaintiff, to wit: one sloop, formerly called the Pocahontas, unlawfully,' and without justifiable cause, as is alleged in the plaintiff’s writ. “ And the defendant further answering says that on or about the tenth day of November, 1907, George Rogers and Lewis Rogers, both of West Tisbury, in said county of Dukes, and Edward H. Luce, of said Tisbury,…
1Opinion of the CourtHammond, J.
Upon the undisputed facts the yacht was in maritime peril at the time she was boarded by the Rogers brothers and Luce, and their services were voluntary and successful. Hence it was a clear case of salvage service and the salvors had a lien upon the yacht for reasonable compensation. Indeed we do not understand the plaintiff to contend to the contrary.
Was the yacht derelict in the maritime sense of the word? Property is derelict within this sense “ when it is abandoned without hope of recovery or without intention of returning.” Ware, J., in Elizabeth & Jane, 1 Ware, 41, 43; or, as stated by…
2Cases cited5 opinions
- The BostonU.S. Circuit Court for the District of Massachusetts · 1833
- The EmulousU.S. Circuit Court for the District of Massachusetts · 1832
- Baker v. . HoagNew York Court of Appeals · 1853
- Studley v. BakerDistrict Court, D. Massachusetts · 1873
- Tyson v. PriorU.S. Circuit Court for the District of Massachusetts · 1812
3Cited by4 opinions
- The Port HunterDistrict Court, D. Massachusetts · 1934
- O. F. Shearer & Sons, Inc. v. DeckerDistrict Court, S.D. West Virginia · 1972
- Nickel v. FoxMassachusetts Supreme Judicial Court · 1928
- Mengel Box Co. v. JoestMississippi Supreme Court · 1921