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5 F. Cas. 832

The Clarion

U.S. District Court

Decided March 15, 1859

U.S. District Court · decided 1859-03-15

• In admiralty. Exceptions to libel for services rendered by libellants’ tug John Owen to the brig Clarion, aground upon St. Clair flats, in towing her off the flats and into Detroit river, in October, 1857.

Decided 1859-03-15

WILLSON, District Judge.

¶1Exceptions were filed to the libel in this case upon the ground that the services set forth were not of a maritime character, and that this court has no jurisdiction. I am satisfied, however, they cannot be sustained. The services of a steam tug, in hauling off a sailing vessel aground, are of a very meritorious description; if the vessel were aground upon a lee shore, exposed to the open lake, they might amount to a salvage service. In any event, they could not be less meritorious than tow-age, and this court has already held, in the case of The Acadia [Case No. 24], that a lien exists for towage. I think the contract in this case is a maritime one, within the definition laid down in De Lovio v. Boit [Id. 3,776].

¶2Exceptions overruled.

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