Talbert v. Elphicke
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Northern District of New York. This libel was brought by the mate and a seaman, being two of the crew of the schooner O. P. Minch, to recover salvage compensation for services rendered during a voyage from Portage Entry, a port on Lake Superior, to Buffalo, N. Y. The voyage was completed, neither the vessel nor her cargo of stone sustaining loss or damage, and libelants, with the rest of the crew, paid off in…
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Appeal from the District Court of the United States for the Northern District of New York. This libel was brought by the mate and a seaman, being two of the crew of the schooner O. P. Minch, to recover salvage compensation for services rendered during a voyage from Portage Entry, a port on Lake Superior, to Buffalo, N. Y. The voyage was completed, neither the vessel nor her cargo of stone sustaining loss or damage, and libelants, with the rest of the crew, paid off in Buffalo. The facts upon which the claim for salvage is based are stated in the opinion. The district court, Northern district…
1Opinion of the Court
LACOMBE, Circuit Judge.
The general rule of law governing claims of this character is thus stated by Mr. Justice Story, delivering the opinion of the supreme court in Hobart v. Drogan (The Hope), 10 Pet. 108:
“Seamen, in tlie ordinary course of things, in the performance of their duties, are not allowed to become salvors, whatever may have been the perils or hardships or gallantry of their services in saving the ship and cargo. We say in the ordinary; for extraordinary events may occur, in which their connection with the ship may be dissolved do facto, or by operation of law, or they may exceed…
2Cases cited12 opinions
- Mason v. Ship BlaireauSupreme Court of the United States · 1804
- Samuel B. Hobart and Others, of the Brig Hope and Cargo v. Andrew Drogan and Others, LibellantsSupreme Court of the United States · 1836
- O'Brien v. The UmattillaDistrict Court, N.D. California · 1886
- Clarke v. The Dodge HealyU.S. Circuit Court for the District of Eastern Pennsylvania · 1827
- The John PerkinsU.S. Circuit Court for the District of Massachusetts · 1857
7 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Usatorre v. the VictoriaCourt of Appeals for the Second Circuit · 1949
- Bertel v. Panama Transport Co.Court of Appeals for the Second Circuit · 1953
- Northeast Research, LLC v. One Shipwrecked VesselCourt of Appeals for the Second Circuit · 2013
- Usatorre v. Compania Argentina Navegacion MihanovichDistrict Court, S.D. New York · 1945
- Drevas v. United StatesDistrict Court, D. Maryland · 1945
10 more not listed; retrieve them via the Exa API.