MASON v. SHIP BLAIREAU.
6 U.S. 240 (1804) 2 Cranch 240
PROCEDURAL POSTURE: Libelants, a master, officers, the crew, the owner, and the freighters of a British merchant-ship, filed a libel for salvage against a French ship and its claimants. From a decree of a district court, certain libelants and other claimants of the French ship sought review. Further appeal was taken from the decree of the federal circuit court of appeals, which affirmed the district court's judgment in part.
OVERVIEW: While on a voyage, the French ship was run down by a gun ship. Water entered the vessel. The gun ship's commander took all the French ship's crew and passengers on board his ship except one libelant, a mariner. He lightened the bows of the ship and hoisted a distress signal. The British ship found the French ship the next day. The other libelants boarded the French ship and took possession of it despite the great risk, navigating it into port. The master of the British ship later embezzled part of the cargo. The district court had awarded a salvage and compensation to all but the master. The circuit court affirmed the decree as to the salvage rate. The Court upheld the circuit court's judgment in part. The Court agreed that the master had forfeited his right to salvage by embezzling cargo. The Court then held that the mariner who remained on the ship when it was abandoned was discharged from his contract as a mariner of that ship and entitled to salvage. It further held that the masters of the apprentices were not entitled to the apprentices' share of the salvage. The Court reversed the decree in part by reducing the rate of salvage and altering the proportions for distribution.
OUTCOME: The Court affirmed that portion of the decree of the circuit court that denied salvage to those who embezzled saved cargo and that established the rights of the mariner and apprentices. The Court reversed the part of the decree relating to the rate of salvage and the proportions for distribution and remanded the action for further proceedings in accordance with the Court's directions. The parties were to pay their own costs.
Napoleonic War: British confiscation of French ship
Salvage rate
Opinion: Marshall C.J.
Counsel: ?? |
