Legal Opinion

Phelan v. Minges

District Court, D. Massachusetts

Decided February 17, 1959No. 56-2PublishedCited by 10 opinions

1Opinion of the Court

FRANCIS J. W. FORD, District Judge.

This is a libel in admiralty to recover salvage compensation for the alleged saving from peril of the sailing yacht Javelin owned by respondent.

On August 31, 1954, the Javelin was tied up at a rented mooring in Marblehead Harbor. On that day the area was struck by hurricane Carol which was marked by violent winds and unusually heavy seas. About 3:00 p. m. on that day during the storm the Javelin and another vessel, the Lovely Lady, were seen drifting in a northeasterly direction out of the harbor. Their progress was followed by the respondent and several…

2Cases cited4 opinions

  1. McConnochie v. KerrDistrict Court, S.D. New York · 1881
  2. The ChoteauU.S. Circuit Court for the District of Eastern Louisiana · 1881
  3. Cuttyhunk Boat Lines, Inc. v. PendletonDistrict Court, D. Massachusetts · 1953
  4. Dr. George J. Moser, Inc.Court of Appeals for the Second Circuit · 1932

3Cited by10 opinions

  1. B v. Bureau Wijsmuller, Plaintiff-Appellant-Cross-Appellee v. The United States of America, Defendant-Appellee-Cross-AppellantCourt of Appeals for the Second Circuit · 1983
  2. Faneuil Advisors, Inc. v. O/S Sea HawkCourt of Appeals for the First Circuit · 1995
  3. Cargill, Inc. v. M/T PACIFIC DAWNDistrict Court, S.D. New York · 1995
  4. In Re the Complaint of the City of New York, as Owner & Operator of the M/V Andrew J. BarberiDistrict Court, E.D. New York · 2008
  5. Damark Marine Towing, LLC v. MolinaroDistrict Court, E.D. Michigan · 2025

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