The "Earl of Eglinton"-(Hutton) Master
Jurisdiction | England & Wales |
Judgment Date | 06 December 1855 |
Date | 06 December 1855 |
Court | High Court of Admiralty |
English Reports Citation: 166 E.R. 989
HIGH COURT OF ADMIRALTY OF ENGLAND
" earl of eglinton " - (Hutton) Master December 6, 1855. - Salvage service by Her Majesty's ships of war. - Officers and crews of Queen's ships are entitled to salvage reward ; though the fact that their own property is not risked in such services will be taken into consideration A larger proportion will be given where the property salved is of great value This was a suit promoted by Her Majesty's ships " Penelope " and " Frolic," with the permission of the Lords of the Admiralty (a2), to obtain salvage reward for services rendered to the " Earl of Eglmton " m Simon's Bay, at the Cape of Good Hope, on the 21st of June last. The " Earl of Eglmton/' bound with a cargo of silk, hides, &c., from Calcutta to London, was forced by stress of weather to put into Simon's Bay, where she came to anchor under the directions of the harbour-master. The wind, however, shifted, and a squall coming on, the vessel [8] was driven on shore (a1) 6 Moore, P. C. 56 (a2) See sects. 484, 485, of Merchant Shipping Act, 1854. 990 THE " GENERAL DE CAEN " SWAB. 81 and struck heavily on the beach. The " Penelope," with a number of men from the " Frolic," succeeded in getting her off, after which she resumed her voyage and arrived safely in England. The value of the property salved was £84,500 The Queen's Advocate and Twiss were heard for the salvors. Addams and Deane for the owners. Dr. Lushwgton : This is a case in which the Court is called upon to adjudicate what is a proper reward to be given for services rendered by ships in Her Majesty's service, and by Her Majesty's servants employed on board them No doubt different considerations apply to such a case, and to the more ordinary cases where the service is performed by persons at their own risk and at the risk of their property. All the lacta are admitted on both sides. That the vessel...
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