The Zealand
District Court, D. Massachusetts
The fishing schooner Pescador, of Gloucester, of ninety-one tons burden, and having a crew of nine men, all told, fell in with this derelict near the edge of George’s Banks on the 27th of March. 1864, and undertook to tow her to Gloucester, a distance of about one hundred and eighty miles, abandoning her own voyage. The wind and weather were not favorable,- and on the second day, in trying to make the harbor, the Pescador broke her main-boom.
Read the full summary
The fishing schooner Pescador, of Gloucester, of ninety-one tons burden, and having a crew of nine men, all told, fell in with this derelict near the edge of George’s Banks on the 27th of March. 1864, and undertook to tow her to Gloucester, a distance of about one hundred and eighty miles, abandoning her own voyage. The wind and weather were not favorable,- and on the second day, in trying to make the harbor, the Pescador broke her main-boom. The libel was pending nearly a year, and no claimant appearing, was heard ex parte. Besides the facts above recited, it was proved that the proceeds of…
1Opinion of the Court
LOWELL, District Judge.
There is authority for giving the whole net proceeds in a case of this peculiar character. The Rutland Derelict, 3 Ir. Jur. 2S3; The Castletown, 5 Ir. .Tur. 379. It is not only in the Irish courts that we find a precedent for decreeing the whole property as a reward for saving the remainder. It is has been done in England (The William Hamilton, 3 Hagg. Adm. 168, and note); and that ease is in fact the leading authority on this point, and is cited without disapproval by many learned authors. I have not met with an American ease which goes so far, but neither have I seen…
2Cited by4 opinions
- Duff v. MerrittCourt of Appeals for the Second Circuit · 1898
- Richmond v. . Union Steamboat Co.New York Court of Appeals · 1881
- The L. W. PerryDistrict Court, E.D. Wisconsin · 1896
- Grummond v. The BurlingtonDistrict Court, E.D. Michigan · 1896