Gilbraith v. Stewart Transp. Co.
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for the Eastern District of Wisconsin. The Steamer, “C. E. Bielman” on a voyage from Buffalo to Milwaukee,, carrying a cargo of three thousand tons of soft coal, struck and lodged September 17th, 1900, on Fisherman’s Shoals, two and one-half miles from shore, and fifteen miles from Milwaukee, the nearest port.
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Appeal from the District Court of the United States for the Eastern District of Wisconsin. The Steamer, “C. E. Bielman” on a voyage from Buffalo to Milwaukee,, carrying a cargo of three thousand tons of soft coal, struck and lodged September 17th, 1900, on Fisherman’s Shoals, two and one-half miles from shore, and fifteen miles from Milwaukee, the nearest port. The crew — sixteen in number — including appellants, were under articles as hired seamen, to make the round trip from Buffalo to Milwaukee, and return to some Lake Erie port, at the wage of twenty-five dollars per month and board. The…
1Opinion of the CourtGrosscup, Circuit Judge
The crew of a vessel, under articles for wages, can become general salvors, only after the vessel has become a shipwreck, without hope of recovery, and the crew discharged from further service. This general doctrine is not disputed. But it is insisted that, under certain circumstances, the crew though under articles for wages may become special salvors. Such relation arises, it is said, when the service rendered is arduous, perilous and meritorious, and under circumstances extraordinary in character. The argument is based fgr authority chiefly upon a dictum of Justice Story, in Hobart v.…
2Cases cited1 opinion
- Samuel B. Hobart and Others, of the Brig Hope and Cargo v. Andrew Drogan and Others, LibellantsSupreme Court of the United States · 1836
3Cited by5 opinions
- Drevas v. United StatesDistrict Court, D. Maryland · 1945
- The MaconaDistrict Court, S.D. New York · 1920
- In re Jule Motor Corp.District Court, N.D. New York · 1940
- The CometDistrict Court, W.D. Washington · 1913
- Danielson v. Libby, McNeill & LibbyWashington Supreme Court · 1921