Baker v. The Ellen Hood
Baker v. The Ellen Hood
Opinion of the Court
This ship, Kilby, master, bound on a voyage from Apalachicola to Liverpool, laden with three thousand and thirty-nine bales of cotton, on the sixteenth of May last was driven ashore in bad weather about twelve miles to the northward of Cape Florida light. The next day she was boarded by Baker and others, whose assistance was accepted to lighten and get the ship off. The ship lay in fifteen and thirteen feet water, at high water, she drawing sixteen feet She was upon an exposed and perilous coast where she must inevitably have become a total wreck in a short time, had the weather continued boisterous. But soon after the ship struck, the weather moderated and continued mild until she was got off, and for several days afterwards. Baker and his associates, in all eighty men, with ten vessels, some of them however of the smaller class of licensed wreckers, lightened the ship of nine hundred and sixty-one bales of cotton, and carried out her anchors and heaved the ship off. They arrived in this port with the ship, on the first of June. The ship is injured, but does not leak, and is supposed to be in a fit condition to proceed on her voyage without repairs. The value of the ship and cargo exceeds that of any other ever attached for salvage in this court The value of The Lucy and cargo [unreported] was $159,769; The America [Case No. .279], $151,464; The Courier [Id. 3,283], $140,000. In this case the ship is valued at $45,000, and the cargo at $147,391, making the value of the ship and cargo $192,391.
It is very clear, judging from all established facts in the case, that the master of this ship could not, unassisted, have got his ship off, without throwing overboard at least nine hundred and sixty-one bales of cotton, worth $46,608. By a jettison of this portion of the cargo I think the máster could have saved the ship and the residue of her cargo. He had an able and efficient crew;‘boats capable of carrying out anchors; the weather proved good while the ship was on shore, and for several days afterwards. The salvage in the case of The America [supra] was $17,971, but in that case the ship was lost, and a very large number of salvors were employed for several weeks in saving the cargo, a considerable portion of which was saved by diving. The salvage on The Lucy and cargo was $30,-400. Here, too, a large number of salvors were employed, in very bad weather, and with considerable risk of life, and peril to the
Reference
- Full Case Name
- The ELLEN HOOD. BAKER v. The ELLEN HOOD
- Status
- Published