Marcussen v. Saunders
Court of Appeals for the Fifth Circuit
Appeal from the District Court of the United States for the Northern District of Florida. This was a libel by E. E. Saunders, owner of the tug Echo, against the Norwegian bark Amity (P. E. Marcussen, claimant), to recover for salvage services. The crew of the Echo intervened to assert their claim. The circuit court rendered a decree for libelants in the sum of $5,000, and the claimant ai>pealed.
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Appeal from the District Court of the United States for the Northern District of Florida. This was a libel by E. E. Saunders, owner of the tug Echo, against the Norwegian bark Amity (P. E. Marcussen, claimant), to recover for salvage services. The crew of the Echo intervened to assert their claim. The circuit court rendered a decree for libelants in the sum of $5,000, and the claimant ai>pealed. In the district court the following opinion was filed by SWAYNE, District Judge: On October 27, 1894, the Norwegian bark Amity was lying at Muscogee wharf, in the harbor of Pensacola, ioaded with…
1Per curiam
While the award for salvage against the ship appears to be high in reference to some of the values sworn to by witnesses in the case, yet the evidence, taken as a whole, is not so conclusive on the side of the claimant that we can find therefrom that the court below erred in the valuation fixed as the basis of award. On that basis, considering the value of the salving vessel, the risk it encountered in rendering the salvage services, and the complete success attending such services, the amount awarded cannot be characterized as excessive to such a degree as to warrant our interference. The…
2Cited by3 opinions
- The FlottbekCourt of Appeals for the Ninth Circuit · 1902
- Simpson v. DollarCourt of Appeals for the Ninth Circuit · 1901
- The Fair OaksDistrict Court, W.D. Washington · 1913