In a case of civil salvage where, under its peculiar
circumstances, the amount of salvage is discretionary, appeals
should not be encouraged upon the ground of minute distinctions of
merit, nor will the Court reverse the decision of an inferior court
unless it manifestly appears that some important error has been
committed.
The demand of the ship owners for freight and general average in
such a case is to be pursued against that portion of the proceeds
of the cargo which is adjudged to the owners of the goods by a
direct libel or petition, and not by a claim interposed in the
salvage cause.
This was a case of civil salvage in which the district court
decreed a moiety of the net proceeds as salvage to be distributed
in certain proportions among the salvors, which was reversed by the
circuit court on appeal, and one-fourth decreed as salvage, to be
divided among the respective salvors in proportions somewhat
different from those ordered by the district court. The cause was
submitted to this Court without argument.
MR. CHIEF JUSTICE MARSHALL delivered the opinion
Page 17 U. S. 99
of the court.
This is a case in which, under its peculiar circumstances, the
amount of salvage is discretionary. In such cases, it is almost
impossible that different minds, contemplating the same subject,
should not form different conclusions as to the amount of salvage
to be decreed and the mode of distribution. Appeals should not be
encouraged upon the ground of minute distinctions, nor would this
Court choose to reverse the decision of a circuit court in this
class of cases unless it manifestly appeared that some important
error had been committed. In this particular case, the Court is
well satisfied both with the amount of salvage decreed by the
circuit court and with the mode of distribution, and the decree is
therefore affirmed with costs.
Decree affirmed.
A question afterwards arose, upon a claim of the shipowners for
freight, &c.
JOHNSON, JUSTICE, delivered the opinion of the Court.
In this case the attention of the Court has been particularly
called to the claim interposed by the shipowners for freight and
average.
This Court, as at present advised, is very well satisfied that
no freight was earned and that average may have been justly
claimed. But in the case then depending, the circuit court could
not have awarded either of those demands. The question is
inter
alios. There was no pretext for claiming either as against the
salvors, and the shipowners ought to
Page 17 U. S. 100
have pursued their rights by libel or petition by way of libel
against the portion of the proceeds of the cargo which was adjudged
to the shippers. These parties were entitled to be heard upon such
a claim, and could only be called upon to answer in that mode. But
the shipowners are not yet too late to pursue their remedy. The
proceeds are still in the possession of the law, and may be
subjected to any maritime claim or lien in the court below.
Claim rejected.
