Compagnie Commerciale de Transport a Vapeur Francaise v. Charente Steamship Co.
Court of Appeals for the Fifth Circuit
Appeal from tbe District Court of tbe United States for tbe Eastern District of Louisiana. This was a libel for salvage filed by the Oharente Steamship Company, Limited, and others, against tbe steamship Dupuy De Lome, of which the Compagnie Commerciale de Transport a Vapeur Franchise and others are claimants. There was a decree for libelants, finding the salved property to be worth $379,800, and awarding one-twelfth thereof as salvage (55 Fed. 93), and the claimants appeal.
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Appeal from tbe District Court of tbe United States for tbe Eastern District of Louisiana. This was a libel for salvage filed by the Oharente Steamship Company, Limited, and others, against tbe steamship Dupuy De Lome, of which the Compagnie Commerciale de Transport a Vapeur Franchise and others are claimants. There was a decree for libelants, finding the salved property to be worth $379,800, and awarding one-twelfth thereof as salvage (55 Fed. 93), and the claimants appeal. The steamship Dupuy De Dome, belonging to the appellant company, while on a voyage from Antwerp, via Tampico, to New…
1Opinion of the CourtLocke, District Judge
(after stating the facts). This steamship was so far disabled as to be in need of. assistance to enable her to complete her voyage, and, although not in immediate peril, was so in distress as to justify the use of the term "salvage” in designating the aid she required. We fail, though, to find anything in her condition or position that would justify the belief that she was in danger of being driven ashore, as is claimed. It was remarked by the learned judge in the case of The Colon, 4 Fed. 469:
“It is speculation and conjecture to assume that disaster would have overtaken the Colon because of…
2Cases cited11 opinions
- The BlackwallSupreme Court of the United States · 1870
- The AlaskaDistrict Court, S.D. New York · 1885
- The Nathaniel HooperU.S. Circuit Court for the District of Massachusetts · 1839
- Hall v. The Bay of NaplesCourt of Appeals for the Second Circuit · 1891
- Oteri v. New OrleansU.S. Circuit Court for the District of Eastern Louisiana · 1885
6 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- The Lowther CastleDistrict Court, D. New Jersey · 1912
- Margate Shipping Co. v. M/V JA OrgeronCourt of Appeals for the Fifth Circuit · 1998
- The CatalinaCourt of Appeals for the Fifth Circuit · 1900
- The J. C. PflugerDistrict Court, N.D. California · 1901
- San Francisco Bar Pilots, Lobo, Meyer, Mauldin, Olsen, Larsen, Pederson and Madrid v. The Vessel Peacock, Her Hull, Etc., Fairfield IndustriesCourt of Appeals for the Ninth Circuit · 1984
8 more not listed; retrieve them via the Exa API.