Legal Opinion

The Mulhouse

District Court, S.D. Florida

Decided July 1, 1859PublishedCited by 6 opinions

This suit was instituted by several distinct sets of salvors, numbering in all some one hundred and fifty or more persons, to recover salvage for their services in saving a considerable portion of the cargo and materials of the ship Mulhouse, Wilner,' máster, of and from New Orleans, and bound to Havre in France.

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This suit was instituted by several distinct sets of salvors, numbering in all some one hundred and fifty or more persons, to recover salvage for their services in saving a considerable portion of the cargo and materials of the ship Mulhouse, Wilner,' máster, of and from New Orleans, and bound to Havre in France. The' ship sailed from New Orleans laden with 2689 bales of cotton, and $25,500 in silver coin, and on the 26th day of March last stranded upon that part of the Florida reef known as the “Quick Sands,” an exposed reef situated out of sight of land, and about thirty miles to the…

1Opinion of the Court

MARVIN, District Judge.

Where a ship and cargo, accidentally stranded, are saved by lightening the ship by carrying out anchors, or by other common or continuous labor or service, carried on with a view to the saving of both ship and cargo, the salvage expenses are properly to be apportioned upon the ship, freight and cargo, in proportion to their respective values, as in a case of general average. Moran v. Jones, 7 El. & Bl. 523; Bedford Ins. Co. v. Parker, 2 Pick. 1; 11 Pick. 90; Beran v. Bank of U. S., 4 *964Whart. 301; The Emma, 2 W. Rob. Adm. 315; Nelson v. Belmont, 5 Duer, 310. In this class…

2Cases cited3 opinions

  1. Nelson v. BelmontThe Superior Court of New York City · 1856
  2. Bevan v. Bank of United StatesSupreme Court of Pennsylvania · 1839
  3. Mellen v. National InsuranceThe Superior Court of New York City · 1829

3Cited by6 opinions

  1. Dorrington v. City of DetroitCourt of Appeals for the Sixth Circuit · 1915
  2. Duff v. MerrittCourt of Appeals for the Second Circuit · 1898
  3. The S. C. SchenkCourt of Appeals for the Sixth Circuit · 1907
  4. The Henry Steers, Jr.District Court, E.D. New York · 1901
  5. Kaser v. Pacific S. S. Co.District Court, W.D. Washington · 1923

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