The C. F. Bielman
District Court, E.D. Wisconsin
In Admiralty. Suit by seamen to recover for salvage services. Libel of seamen for alleged salvage service under these circumstances: The steamer was on her voyage from Buffalo to Milwaukee, laden with coal; and the libelants were serving on her as common seamen, engaged for the round trip at $25 each per month.
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In Admiralty. Suit by seamen to recover for salvage services. Libel of seamen for alleged salvage service under these circumstances: The steamer was on her voyage from Buffalo to Milwaukee, laden with coal; and the libelants were serving on her as common seamen, engaged for the round trip at $25 each per month. On the night of September 17, 1900, the steamer stranded on Fisherman's reef, in Lake Michigan, about 2 miles off shore, and about 15 miles from Washington Harbor, under no stress of weather. The master took five of the crew in a yawl to secure help; placed his order for a tug and a…
1Opinion of the CourtBeamak, District Judge
(after stating the facts). The libelants were seamen engaged in the performance of their duty to ship and cargo, as such, when the alleged service in the nature of salvage was rendered. The doctrine is well settled that their duty and allegiance were due continuously throughout the term of engagement; that it was imperative, in the event of distress or shipwreck, to exert themselves “toxthe utmost to save the vessel, cargo, and stores,” and their failure so to do is declared by statute a bar to any claim for wages. Section 4525, Rev. St. Salvage services can be performed only “by persons not…
2Cases cited4 opinions
- Samuel B. Hobart and Others, of the Brig Hope and Cargo v. Andrew Drogan and Others, LibellantsSupreme Court of the United States · 1836
- Talbert v. ElphickeCourt of Appeals for the Second Circuit · 1896
- Tarr v. The Lydia A. HarveyDistrict Court, D. Massachusetts · 1898
- Clarke v. The FashionU.S. Circuit Court for the District of Eastern Pennsylvania · 1852
3Cited by3 opinions
- Drevas v. United StatesDistrict Court, D. Maryland · 1945
- The TashmooDistrict Court, E.D. New York · 1930
- The MaconaDistrict Court, S.D. New York · 1920