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30 F. 204

Wilson v. Winchester

New York Eastern District Court

Decided October 22, 1886.)

New York Eastern District Court · decided 1886-10-22

<p>Salvage — Fire—Schooner at Pier — Hauled into Stream — Award — Additional Costs.</p> <p>A fire broke out in oil-works not far from the pier where the respondent’s steam-schooner lay loaded with case-oil. Libelant’s tug took hold of her, and drew her out into the stream. Held, that the service was a salvage service, for which libelant should recover §200, besides §25 added to his taxable costs.</p>

Cited by 3 later decisions (1 by the Supreme Court) — most recently November 1909

1 district ·

2 counsel of record

Good law ✅— No negative treatment on recordhow we know

Decided 1886-10-22

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¶1Salvage — Fire—Schooner at Pier — Hauled into Stream — Award — Additional Costs.

¶2A fire broke out in oil-works not far from the pier where the respondent’s steam-schooner lay loaded with case-oil. Libelant’s tug took hold of her, and drew her out into the stream. Held, that the service was a salvage service, for which libelant should recover §200, besides §25 added to his taxable costs.

¶3In Admiralty.

¶4Alexander & Ash, for libelant.

¶5Benedict, Taft & Benedict, for respondents.

¶7Benedict, J.

¶8The service rendered by the libelant, was clearly a salvage service, entitled to be compensated as such. The bill of $200, presented by the libelant for his services, was, in my opinion, a reasonable bill, under the circumstances, and should have been paid. I award the libelant, therefore, that sum as his salvage reward. For that sum, together with his costs, he ma¡y have a decree, and I add $25 to the taxable costs, in order to reduce by so much the libelant’s expenses of the litigation made necessary by the defendants’ refusal to pay the libelant’s reasonable bill.

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