Dana
U.S. Circuit Court for the District of Eastern Virginia
In Admiralty. The brig Mary E. Dana, from St. Simon’s Mills, Georgia, bound for Now York, loaded with 100,000 feet of lumber, when about 50 miles E.. N. E. off Gapo Lookout, sprang a leak in a gale of wind, and,at 9 p. m. of Tuesday night, the seventeenth of January, 1882, was leaking so badly that her master, Capt. Benson, found it necessary to make for land. The gale abated on Wednesday morning, and on-Thursday morning, the 19th, the brig had anchored off Ocracoke inlet.
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In Admiralty. The brig Mary E. Dana, from St. Simon’s Mills, Georgia, bound for Now York, loaded with 100,000 feet of lumber, when about 50 miles E.. N. E. off Gapo Lookout, sprang a leak in a gale of wind, and,at 9 p. m. of Tuesday night, the seventeenth of January, 1882, was leaking so badly that her master, Capt. Benson, found it necessary to make for land. The gale abated on Wednesday morning, and on-Thursday morning, the 19th, the brig had anchored off Ocracoke inlet. She lay easy all that day and night, and the captain having, with his crew, gone ashore, telegraphed to Washington, North…
1Opinion of the CourtHughes, J.
In this case the questions are, was this a meritorious salvage service ? and, if so, what ought to be awarded to the salvors by tlie court ? The amount of salvage to be accorded in any case depends upon the following considerations:(1) The degree of danger from which the lives or property are rescued; (2) tlie value of the property saved; (3) the risk incurred by tlie salvors; (4) the value of the property employed by the salvors in the wrecking enterprise, and the danger to which it was exposed; (5) Uia skill shown in rendering the service; (6) the time and labor occupied.
Estimated by these…
2Cases cited1 opinion
- The Rebecca ClydeDistrict Court, S.D. New York · 1871
3Cited by4 opinions
- The FlottbekCourt of Appeals for the Ninth Circuit · 1902
- Belgian American Maritime Co. v. The Great NorthernDistrict Court, E.D. Virginia · 1896
- The HumarockDistrict Court, S.D. Georgia · 1916
- John D. Spreckels & Bros. v. The Steamship "Nevadan"District Court, D. Hawaii · 1903