The Eliza Strong

U.S. Court of Appeals for the Sixth Circuit
The Eliza Strong, 130 F. 99 (6th Cir. 1904)
64 C.C.A. 433; 1904 U.S. App. LEXIS 4135

The Eliza Strong

Opinion of the Court

PER CURIAM.

This is an appeal from a decree allowing $1,300 salvage to the owner and crew of the steamer Mueller for services in saving the steamer Eliza Strong and cargo. The appellants are the owners of the Mueller, who complain at the amount of the gross salvage allowance, and at the manner of distributing same between the owner and the officers and the crew of the Mueller.

If the matter of the amount of a salvage award, and its distribution between owner and crew, were not one so largely dependent upon the exercise of a sound judicial discretion, we might be disposed to regard the reward as somewhat meager. But neither the amount of the award, nor the method of distribution, is so unsatisfactory as to justify a disturbance of the decree, under the well-settled rule of this court not to set aside a salvage award on account of its amount unless we are plainly convinced that the discretion of the trial judge has been manifestly abused. The R. R. Rhodes, 82 Fed. 751, 27 C. C. A. 258; The H. E. Runnels, 82 Fed. 755, 27 C. C. A. 183.

Decree affirmed.

Reference

Full Case Name
THE ELIZA STRONG
Status
Published
Syllabus
1. Salvage — Amount oe Awabd — Review on Appeal. A salvage award will not be set aside on account of its amount unless the appellate court is convinced that there was a manifest abuse of bis discretion by the trial judge. If 1. Salvage awards in federal courts, see note to The Lamington, 30 C. C. A. 280. See Salvage, vol. 43, Cent. Dig. § 133.