The Bolivar v. The Chalmette
U.S. Circuit Court for the District of Eastern Texas
[Appeal from the district court of the United States for the eastern district of Texas.] At chambers. In June, 1871, the bark Chal-mette, which was at anchor outside of Galveston bar, receiving a cargo of cotton brought by lighters from Galveston, was driven by a storm from her moorings, a distance of thirty miles, when she came to anchor in a disabled condition. She was towed back to her anchorage by the tug Bolivar, whose owners filed a libel against the bark for salvage.
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[Appeal from the district court of the United States for the eastern district of Texas.] At chambers. In June, 1871, the bark Chal-mette, which was at anchor outside of Galveston bar, receiving a cargo of cotton brought by lighters from Galveston, was driven by a storm from her moorings, a distance of thirty miles, when she came to anchor in a disabled condition. She was towed back to her anchorage by the tug Bolivar, whose owners filed a libel against the bark for salvage. The other facts of the case sufficiently appear in the opinion of the court.
1Opinion of the Court
BRADLEY, Circuit Justice.
It is admitted that this is a case of salvage. The question is simply one of amount of allowance, and mode of distribution. The conviction is very strongly impressed upon my mind that it is a case of very low grade of salvage. There was no danger incurred by the salvors, no risk of life or property, no deviation even from ordinary pursuits — or if any deviation, a mere extension of them to an unaccustomed distance from shore. The ship salved, it is true, was in a disabled condition, and needed assistance; but she was perfectly safe at the time, lying in almost still…
2Cited by8 opinions
- Oteri v. New OrleansU.S. Circuit Court for the District of Eastern Louisiana · 1885
- United States v. EX-USS Cabot/DedaloCourt of Appeals for the Fifth Circuit · 2002
- Santos v. The CachemireDistrict Court, D. South Carolina · 1889
- Tidewater Salvage, Inc. v. Weyerhaeuser Co.Court of Appeals for the Ninth Circuit · 1980
- McGraw Transportation Co. v. The SpokaneDistrict Court, E.D. Wisconsin · 1895
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