The Hestia
| Jurisdiction | England & Wales |
| Judgment Date | 05 March 1895 |
| Date | 05 March 1895 |
| Court | Probate, Divorce and Admiralty Division |
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8 cases
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Shipsey v British and South American Steam Navigation Company Ltd
... ... No doubt the parties may by contract determine the amount to be paid; but the right to salvage is in no way dependent upon contract, and may exist, and frequently does exist, in the absence of any express contract, or of any circumstances to raise an implied contract, per Bruce J. in The Hestia (1) ... Lest anyone should imagine that this principle operates only in the case of actions in rem , I refer to the Five Steel Barges (2) where Hannen P. says: "But it is argued that the plaintiffs are not entitled to recover, because, as against Nos. 68 and 69 they are not asserting their ... ...
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Melanie (Owners of S.S.) v San Onofre (Owners of S.S.)
...of Kennedy, L.J., into a position of greater comparative safety. On this ground also, Bruce, J. decided the case of the " Hestia" ( 1895, p. 193). 46 I have now to apply these propositions to the facts of the present case. There is no doubt that the "Melanie," whose value then was a little ......
- Unique Mariner, The (No. 2) (Asiatic Gala, Salvaliant)
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Tojo Maru (Owners) v N.v Bureau Wijsmuller; The Tojo Maru
...equitable character": see The Five Steel Barges, (1890) 15 P.D. at page 146 by Sir James Hannen. It is in no way dependent on contract: see The Hestia, 1895 P., 199, by Mr Justice Bruce. As a great American Judge, Mr Justice Story, has said, "Salvage is a mixed question of private right and......
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