Legal Opinion

The Loyal

Court of Appeals for the Second Circuit

Decided March 24, 1913No. 179PublishedCited by 31 opinions

Appeal from the District Court of the United States for thfe Southern District of New York; George C. Holt, Judge. Suit in admiralty by O’Brien Bros., owners of the tug O’Brien, against the lighter Royal and her cargo, Apollinaris Company, limited, cargo claimant, and J. W. Jarvis Company, impleaded. Decree against the Jarvis Company, and it appeals.

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Appeal from the District Court of the United States for thfe Southern District of New York; George C. Holt, Judge. Suit in admiralty by O’Brien Bros., owners of the tug O’Brien, against the lighter Royal and her cargo, Apollinaris Company, limited, cargo claimant, and J. W. Jarvis Company, impleaded. Decree against the Jarvis Company, and it appeals. Appeal from a decree of the District Court, Southern District of New York, awarding- the libelants as owners of the steam tug “O’Brien” $318.50 for salvage services rendered the cargo of the lighter “Royal,” providing that the same should be paid…

1Opinion of the Court

NOYES, Circuit Judge.

[1] The services rendei-ed by the libelants were meritorious salvage services. Taking into consideration the conditions when the tug arrived, the nature of the services and the value of the property involved, the amount awarded by the District Court was reasonable and we see nothing in the conduct of the libelants after the rendition of the services to preclude them from receiving it.

The libelants looked for the salvage to the cargo, the owner of the cargo impleaded the owner of the lighter upon the ground that its vessel was unseaworthy and it was bound to answer for any…

2Cases cited6 opinions

  1. Richardson v. HarmonSupreme Court of the United States · 1911
  2. Work v. LeathersSupreme Court of the United States · 1878
  3. Great Lakes Towing Co. v. Mill Transp. Co.Court of Appeals for the Sixth Circuit · 1907
  4. Gokey v. FortDistrict Court, S.D. New York · 1890
  5. Harbinger v. CarverDistrict Court, S.D. New York · 1888

1 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. Cullen Fuel Co. v. W. E. Hedger, Inc.Supreme Court of the United States · 1933
  2. Hendry Corp. v. Aircraft Rescue VesselsDistrict Court, E.D. Louisiana · 1953
  3. Commercial Molasses Corp. v. New York Tank Barge Corp.Court of Appeals for the Second Circuit · 1940
  4. Line v. PendletonCourt of Appeals for the Second Circuit · 1914
  5. The Cullen No. 32Court of Appeals for the Second Circuit · 1932

26 more not listed; retrieve them via the Exa API.

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