Grummond v. The Burlington
District Court, E.D. Michigan
This was a libel by U. Grant Grummond against the steam barge Burlington and cargo to recover compensation for salvage services. The libel in this cause claims salvage for the raising and removing to this port of the steam barge Burlington and the remnant of her cargo of lumber, which lay almost entirely submerged near Sandwich Point, on the Canadian side of tlie Detroit river, about three miles below Detroit.
Read the full summary
This was a libel by U. Grant Grummond against the steam barge Burlington and cargo to recover compensation for salvage services. The libel in this cause claims salvage for the raising and removing to this port of the steam barge Burlington and the remnant of her cargo of lumber, which lay almost entirely submerged near Sandwich Point, on the Canadian side of tlie Detroit river, about three miles below Detroit. While on a voyage from Bay City to Cleveland, Ohio, having on board a cargo of lumber, on the 16th day-of April, 1894, the Burlington took lire; and, all efforts to extinguish the…
1Opinion of the CourtSwan, District Judge
(after stating the facts). The concession that the services render by libelant in this cause were meritorious, and resulted in the salvage of the property, is not necessary to the *261ascertainment of that fact. They have all the elements necessary to constitute a valid salvage claim, namely: (1) A marine peril to the property to be rescued; (2) voluntary service, not owed to the property as matter of duty; (3) success in saving the property, or some portion of it, from the impending peril. The Clarita and The Clara, 23 Wall. 16. The fund in. court arising from the sale of the wreck is the…
2Cases cited22 opinions
- Lawton v. SteeleSupreme Court of the United States · 1894
- Nishimura Ekiu v. United StatesSupreme Court of the United States · 1892
- Johnson v. TowsleySupreme Court of the United States · 1871
- Phœnix Insurance v. Erie & Western Transportation Co.Supreme Court of the United States · 1886
- Steel v. Smelting Co.Supreme Court of the United States · 1882
17 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Duff v. MerrittCourt of Appeals for the Second Circuit · 1898
- Mason v. Marine Ins. Co.Court of Appeals for the Sixth Circuit · 1901