Legal Opinion

The Bee

District Court, D. Maine

Decided May 13, 1836PublishedCited by 4 opinions

[Libel for salvage against The Bee, Wood-worth, master.] This was a ease of salvage. The libellants allege in the libel that on the 13th of November, being informed by the master that the vessel had been thrown down in a gale of wind, and was then lying on the western side of Grand Manan, and was abandoned by him and his crew, they proceeded across the island with the intention of saving her; that they found her and took possession of her, there being then a strong wind from…

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[Libel for salvage against The Bee, Wood-worth, master.] This was a ease of salvage. The libellants allege in the libel that on the 13th of November, being informed by the master that the vessel had been thrown down in a gale of wind, and was then lying on the western side of Grand Manan, and was abandoned by him and his crew, they proceeded across the island with the intention of saving her; that they found her and took possession of her, there being then a strong wind from the north-west, blowing directly on shore, that she was in a state of imminent peril, laying on her larboard side, her…

1Opinion of the Court

'WARE, District Judge.

The counsel for the respondents has supported the motion to-dismiss the libel, on two grounds; first, because the parties in the cause, both the libel-lants and respondents, are foreigners, and subjects of the king of Great Britain; secondly, because the vessel is not only a British vessel, but was taken by the salvors, after the disaster had happened, from British waters, and brought within the jurisdiction of the court

Waiving the question, for the present, whether the court can, under any circumstances, exercise jurisdiction over the cause, I may remark that if the…

2Cases cited3 opinions

  1. Gardner v. ThomasNew York Supreme Court · 1817
  2. Glen v. HodgesNew York Supreme Court · 1812
  3. Moran v. BaudinDistrict Court, D. Pennsylvania · 1788

3Cited by4 opinions

  1. Canada Malting Co. v. Paterson Steamships, Ltd.Supreme Court of the United States · 1932
  2. Martha's Vineyard Scuba Headquarters, Inc. v. The Unidentified, Wrecked and Abandoned Steam Vessel, Etc.Court of Appeals for the First Circuit · 1987
  3. Duff v. MerrittCourt of Appeals for the Second Circuit · 1898
  4. The Bare CleoneDistrict Court, D. California · 1881

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