Legal Opinion

The L. W. Perry

District Court, E.D. Wisconsin

Decided February 3, 1896PublishedCited by 3 opinions

In admiralty. The Mint & Pere Marquette Railway Company filed,a libel against the schooner L. W. Perry and her cargo of tan bark for the salvage services rendered by the steamer F. & P. M. No. 1. An answer a.nd a petition are filed by the claimants of the cargo, but no claimant of the schooner apxiears.

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In admiralty. The Mint & Pere Marquette Railway Company filed,a libel against the schooner L. W. Perry and her cargo of tan bark for the salvage services rendered by the steamer F. & P. M. No. 1. An answer a.nd a petition are filed by the claimants of the cargo, but no claimant of the schooner apxiears. The vessel foundered in the harbor immediately upon her arrival, and the principal part of the expense in the marshal’s charges arose from the necessary lightering of the cargo and for services of tugs, as the wreck was obstructing the channel. By stipulation, an order was entered for the…

1Opinion of the CourtSeaman, District Judge

(after stating the facts). The main difficulty in this case arises from the inadequacy of the fund to furnish reasonable compensation for the service rendered, owing to the condition of the vessel and the cargo, and the expenses necessarily incurred to make them available for sale. It is undisputed that thé *746schooner was derelict when taken up by the steamer; that it was a volunteer service, not referable to contract, and clearly a case of salvage; that,, although not involving serious peril, the service was of special merit, because the schooner was adrift in the track of maritime commerce,…

2Cases cited6 opinions

  1. Post v. JonesSupreme Court of the United States · 1857
  2. Holmes v. The Joseph C. GriggsDistrict Court, E.D. New York · 1866
  3. Clyde Steamship Co. v. The William SmithDistrict Court, S.D. New York · 1893
  4. The ZealandDistrict Court, D. Massachusetts · 1865
  5. The Carl SchurzDistrict Court, W.D. Tennessee · 1879

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Duff v. MerrittCourt of Appeals for the Second Circuit · 1898
  2. The PelotasDistrict Court, E.D. Louisiana · 1930
  3. The Rockland & Rockport Lime Co. No. 1District Court, E.D. New York · 1910

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