Legal Opinion

Byrne v. Johnson

Court of Appeals for the Fifth Circuit

Decided January 9, 1893No. 49PublishedCited by 3 opinions

Appeal from the District Court of the United States for the Southern District of Florida. In Admiralty. Libel by B. W. Johnson and others against a portion of the cargo of the steamer Eldorado (Henry J. Byrne, claimant) to recover for salvage services. The district court held that the service rendered was a salvage service, and awarded 25 per cent, of the value of the cargo saved as compensation. See 50 Fed. Sep. 951. The claimant appealed.

1Opinion of the Court

BILLINGS, District Judge.

This suit was a suit for salvage brought by the master of the schooner Cora, for himself, the crew and the owners of the schooner, for services rendered in saving a portion of the cargo of the steamship Eldorado. The Eldorado, on August 4, 3891, while proceeding from New York to New Orleans, being a vessel of 2,500 tons, struck a concealed rock near the Bahama bank, which caused .her to spring a leak, so that it became necessary to run her aground. She was grounded successfully upon a bank about 30 miles from Great Isaac’s lighthouse. The master desired to lighten the…

2Cases cited1 opinion

  1. The BRIG ALERTA & CARGO v. Blas MoranSupreme Court of the United States · 1815

3Cited by3 opinions

  1. Vencedora Oceanica Navigacion, S.A. v. Compagnie Nationale Algerienne De Navigation (C.N.A.N.)Court of Appeals for the Fifth Circuit · 1984
  2. The BayamoCourt of Appeals for the Fifth Circuit · 1909
  3. Vencedora Oceanica Navigacion, S.A. v. Compagnie Nationale Algerienne De NavigationCourt of Appeals for the Fifth Circuit · 1984

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