Legal Opinion

McQuesten v. Propeller Towboat Co.

Court of Appeals for the Fifth Circuit

Decided June 20, 1892No. 40PublishedCited by 6 opinions

Appeal from the District Court of the United States for the Southern District of Georgia, Eastern Division. In Admiralty. Libel by the Propeller Towboat Company against the schooner Agnes I. Grace for salvage. Prank R. McQuesten and others, claimants. Decree for libelants. 49 Fed. Rep. 662. Claimants appeal.

1Opinion of the Court

Locke, District Judge.

The facts and circumstances in this case have boon very fully stated in the opinion of the district judge, (49 Fed. Rep. 662,) and we do not consider it necessary to review them. The schooner Agnes I. Grace was in peril, and assistance to save her and her cargo from total loss was absolutely necessary. The master was helpless to extricate the property in his charge from danger, but thoroughly conversant with his situation and surrounding circumstances, and had ample time and opportunity to make such investigations as were necessary to enable him to nrocure assistance.…

2Cases cited1 opinion

  1. Post v. JonesSupreme Court of the United States · 1857

3Cited by6 opinions

  1. Duff v. MerrittCourt of Appeals for the Second Circuit · 1898
  2. Davis Coast Wrecking Co. v. The AlertDistrict Court, S.D. New York · 1893
  3. Pyman v. ClarkeCourt of Appeals for the Fifth Circuit · 1896
  4. Cedros Island Min. & Mill. Co. v. The SiriusDistrict Court, N.D. California · 1893
  5. Lowndes v. The Ernest M. MunnDistrict Court, D. Connecticut · 1894

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