Sprague v. One Hundred & Forty Barrels of Flour
U.S. Circuit Court for the District of Massachusetts
This was a libel for salvage of certain goods, and was certified to this court, from the district court, under the act of 3d of March, 1821 (chapter 189), on account of the district judge being related to the libellants.
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This was a libel for salvage of certain goods, and was certified to this court, from the district court, under the act of 3d of March, 1821 (chapter 189), on account of the district judge being related to the libellants. The libel set forth, in substance, that on the 9th of April, 1842, the master and crew of the brig Cambrian, of Boston, discovered a wreck, which they boarded, and discovered that it was the hull Of the- schooner Maria, of New York, and found, that the said hull, and the cargo on board thereof, were entirely derelict, and without any person-on board, and nearly full of water.…
1Opinion of the Court
STORY, Circuit Justice.
This is a dear case of derelict, and is admitted on all sides to be so. The general rule in the admiralty, under such circumstances, is to allow a moiety of the property saved to the salvors. It is not, however, an inflexible rule, but it will yield to circumstances; as, for example, where the property is very large, and no extraordinary perils or labors have been encountered, the allowance has sometimes been less. On the other hand, where the property has been small, the salvors numerous, and the perils imminent, or the services laborious and exhausting, a larger…
2Cited by2 opinions
- Duff v. MerrittCourt of Appeals for the Second Circuit · 1898
- Coady v. 1,200 Barrels OilHawaii Supreme Court · 1857