Pacific Imp. Co. v. Hatch
District Court, N.D. California
Libel for salvage services. Stipulated, value of Monticello was $.12,000,. She had no cargo or passengers, and was out of commission. She was in no particular or immediate danger, and tugs from San Francisco were on their way up the coast to tow her, and would have reached her some four or five hours after she was taken in tow by the San Benito. The Monticello was disabled, her boiler having ' become broken down, and she was being navigated with but one sail, — the jib.
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Libel for salvage services. Stipulated, value of Monticello was $.12,000,. She had no cargo or passengers, and was out of commission. She was in no particular or immediate danger, and tugs from San Francisco were on their way up the coast to tow her, and would have reached her some four or five hours after she was taken in tow by the San Benito. The Monticello was disabled, her boiler having ' become broken down, and she was being navigated with but one sail, — the jib. She was from 8 to 15 miles from the coast. The service lasted about seven hours and a half. No dangers or risks attended'…
1Opinion of the Court
MORROW, District Judge.
This is a libel for salvage services alleged to have been rendered the steamship Monticello on July 25, 1895, by the steamship San Benito. The claimant contends that the’ services rendered were simply towage services. The libelant contends, and introduced testimony tending to show, that the steamship San Bénito was on her regular voyage from Tacoma, in the state of Washington, to^the port of San Francisco; that at about 2:30 in the morning of July 25, 1895, while on her course betwéen Point Arena .and Point Reyes, about 100 miles from the port of San Francisco, lights…
2Cases cited2 opinions
- Murphy v. SulioteU.S. Circuit Court for the District of Louisiana · 1880
- The Emily B. SouderU.S. Circuit Court for the District of Southern New York · 1878
3Cited by7 opinions
- The Henry Steers, Jr.District Court, E.D. New York · 1901
- The BoyneDistrict Court, E.D. Virginia · 1899
- The Robert S. BesnardDistrict Court, D. South Carolina · 1906
- Joncich v. XitcoCourt of Appeals for the Ninth Circuit · 1949
- The Fair OaksDistrict Court, W.D. Washington · 1913
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