The Bessie L. Morse
The Bessie L. Morse
Opinion of the Court
On the morning of November 30, 1918, the schooner Bessie E. Morse left Boothbay Harbor, Me., for Grand Manan, N. B., her home port. She is a two-masted schooner, with two gasoline engines. She is 76 feet long, 18% feet beam, 6 feet deep, with a tonnage of 35 tons. She carried three men, Capt. Grosvenor C. Wells, Engineer Franklin, and a cook. When about a mile and a half east of Ram Island Eight, and approximately one mile to the south of Inner Heron. Island, fire broke out in her cabin. Capt. Wells gave
The Monhegan is a gasoline boat 50 feet long, 10 feet beam, 7 feet deep, of a burden of 20 tons, owned by the two libelants. Shortly after 9 o’clock on the morning of November 30th she left New Harbor, Me., for Boothbay Harbor. When nearly across to Thumbcap, Capt. Brackett sighted the Morse about 3 miles distant and off the island known as the Hypocrites. He called the attention of his son to the great volume of smoke coming out of the aft part of the Morse. He shortly saw the mainsail of the schooner drop, flames shooting out from around her house, and later the flag, run up in the main rigging, union down. Capt. Brackett immediately speeded up his boat and steered for the Morse. In about 15 minutes he arrived within hailing distance; he saw three men standing in the forward part of the vessel, and flames shooting up out of the cabin window and companion way; the mainsail was lashed against the starboard rigging; the foresail and two jibs still up. The sea was running high. A towline was thrown from the schooner to the Monhegan. There were no beaches in that locality, except up the Damariscotta river, a distance of 3 or 4 miles. The testimony tends to show that the Morse, on (the arrival of the M/onhegan, was 300 to 400 yards to the windward of dangerous ledges, “and was making about the same leeway as headway”; that there was a choppy sea, and a ground swell heaving in. The Monhegan then towed the Morse to a point on the lee side of Inner Heron Island, where the fire was extinguished, and the schooner was then towed to Boothbay Harbor.
The testimony leads to the conclusion that the captain of the Morse was in apprehension of the loss of the vessel; that before the arrival of the Monhegan he was advised to leave her, and had some idea of doing so. In order to render the necessary assistance, the libelants were compelled to expose their boat to some peril, by bringing her alongside a burning gasoline schooner, it being evident that there was gasoline aboard, and that there was danger of loss to any boat coming in contact with the burning vessel. The value of the Morse is variously estimated from $2,800 to $5,000 or $6,000. The value of the Monhegan was from $5,000 to $6,000.
The claimant urges that only a short time was consumed in rendering the salvage services, and that such services should be regarded, not in the nature of salvage, but merely as towage.
On examination of the proofs, it is clear that the services rendered
A decree may be presented in accordance with this opinion.
Reference
- Full Case Name
- THE BESSIE L. MORSE
- Status
- Published