Legal Opinion

The Halcyon

Court of Appeals for the Ninth Circuit

Decided January 8, 1917No. 2830Published

Appeal from the District Court of the United States for the Territory of Hawaii; S. B. Dole, Judge. Suit in admiralty for salvage by Inter-Island Steam Navigation Company, Limited, owner of the steamer Niihau, against the schooner Halcyon; J. A. T. Olson, master and claimant. Decree for libelant, and claimant appeals.

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Appeal from the District Court of the United States for the Territory of Hawaii; S. B. Dole, Judge. Suit in admiralty for salvage by Inter-Island Steam Navigation Company, Limited, owner of the steamer Niihau, against the schooner Halcyon; J. A. T. Olson, master and claimant. Decree for libelant, and claimant appeals. In a proceeding iu vem for salvage, the court below found the facts to be substantially as follows: On the night of January 12-13, 1914, the schooner Halcyon, laden with a cargo of lumber, was lying in the port of Hilo, Hawaii, a little way off the wharf, moored to the wharf and…

1Opinion of the CourtGilbert, Circuit Judge

(after stating the facts as above). [1] The appellant, the owner of the schooner, in his answer to the libel, to show that the steamer did not render efficient service, alleged that when the hawser broke, and the schooner’s remaining anchor was cast to await another towline to be sent from the steamer, “although more than an hour elapsed, during which time the said Niihau had sufficient opportunity to give the Halcyon another and additional lines, yet the said Niihau made no effort whatsoever to supply any line, or to give to said Halcyon any assistance whatsoever until, when the claimant…

2Cases cited3 opinions

  1. The Henry Steers, Jr.District Court, E.D. New York · 1901
  2. The AlgithaU.S. Circuit Court for the District of Maryland · 1883
  3. The Katie CollinsDistrict Court, D. Delaware · 1884

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