Ulster S. S. Co. v. Cape Fear Towing & Transportation Co.
Court of Appeals for the Fifth Circuit
Appeal from the District Court of the United States for the Eastern District of Louisiana. On September 24, 1897, at 7:20 a. m., the British steamship Torr Head, bound on a voyage from New Orleans to Belfast, drawing about 25 feet of water astern, grounded on the Frying Pan Shoals off the coast of North Carolina, near the mouth of Cape Fear river, between five and six miles inside of the light-ship there stationed, and about a mile east-northeast from the black buoy.
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Appeal from the District Court of the United States for the Eastern District of Louisiana. On September 24, 1897, at 7:20 a. m., the British steamship Torr Head, bound on a voyage from New Orleans to Belfast, drawing about 25 feet of water astern, grounded on the Frying Pan Shoals off the coast of North Carolina, near the mouth of Cape Fear river, between five and six miles inside of the light-ship there stationed, and about a mile east-northeast from the black buoy. She had been swept out of her course about 40 miles by an abnormal setting of the Gulf Stream to the south and west, caused by…
1Opinion of the Court
After stating the case as above, the opinion of the court was delivered by
PARDEE, Circuit Judge.
The ordinary and usual employment of the tugs, for which salvage services are claimed in this case, was in the rendition of towage services in the same waters where the Torr Head was aground. Under the facts, it is fair to presume that tlie original employment of the tugs by the master of the Torr Head was really to render towage services, for which compensation was to be made whether they successfully aided the Torr Head in getting afloat or not. This appears from the undisputed evidence of the…
2Cases cited5 opinions
- The CamancheSupreme Court of the United States · 1869
- Samuel B. Hobart and Others, of the Brig Hope and Cargo v. Andrew Drogan and Others, LibellantsSupreme Court of the United States · 1836
- The SybilSupreme Court of the United States · 1819
- Sinclair v. CooperSupreme Court of the United States · 1883
- Cottier v. StimsonUnited States Circuit Court · 1883
3Cited by8 opinions
- The FlottbekCourt of Appeals for the Ninth Circuit · 1902
- The New CameliaCourt of Appeals for the Fifth Circuit · 1900
- Joncich v. XitcoCourt of Appeals for the Ninth Circuit · 1949
- The Henry MaurerDistrict Court, D. Massachusetts · 1914
- The Celtic ChiefCourt of Appeals for the Ninth Circuit · 1916
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