The Mariposa
| Jurisdiction | England & Wales |
| Judgment Date | 09 July 1896 |
| Date | 09 July 1896 |
| Court | Probate, Divorce and Admiralty Division |
Probate, Divorce, and Admiralty Division
Barnes, J.
The Mariposa
Cargo ex WoosungDID=ASPM 33 L. T. Rep. 394 1 Prob. Div. 260 3 Asp. Mar. Law Cas. 50
The MedinaDID=ASPM 35 L. T. Rep. 779 3 Asp. Mar. Law Cas. 305 2 Prob. Div. 5
The RenporDID=ASPM 48 L. T. Rep. 887 9 Prob. Div. 115 5 Asp. Mar. Law Cas. 98
Salvage — Shipwrecked passengers — Forwarding to destination
MARITIME LAW CASES. 159 Adm.] The MARIPOSA. [Adm. June 24 and July 9, 1896. (Before Barnes, J.) The Mariposa. (a) Salvage - Shipwrecked passengers - Forwarding to destination - Agency of master. At the request of the master of a vessel which had gone ashore, steamers belonging to the plaintiffs took on board and conveyed to their destinations the passengers and crew who had been landed from the wreck. In an action against the owners of the wrecked vessel, the plaintiffs claimed salvage remuneration for the services rendered to the passengers and crew, or, in the alternative, remuneration for services rendered by them to the defendants at the request of their master. Held, that no claim for life salvage was maintainable, that the defendants were not under any obligation under their contract with their passengers to forward the passengers to their destination, and that the master in acting as he did was acting for the benefit and as the agent of the passengers and not Of the defendants. The plaintiffs were the owners of the steamships Sardinian and Austrian, of the Allan Line, the former a vessel regularly engaged in carrying mails, passengers and cargo, between Liverpool and Canada, and the latter in carrying cargo between London and Canada. The defendants were the owners of the Mariposa, a steamship of 3458 tons net, and 5305 tons gross register, running between Montreal and Liverpool, on one of the Dominion Line of steamers. On the 24th Sept. 1895 the Mariposa, while on a voyage from Montreal to Liverpool, with (a) Reported by Buylrr Aspinall and F. A. Satow, Eeqrs., Barrister-at-Law. 160 MARITIME LAW CASES. Adm.] The Mariposa. [Adm. cargo, passengers, and two stowaways, want ashore in a fog, about five miles west of Fortean Bay, in the Straits of Belleisle. The passengers and crew were landed. On the same day the plaintiffs' steamer, the Sardinian, which was on a voyage from Montreal to the United Kingdom, was intercepted by a schooner which had been sent out by the master of the Mariposa, with a message requesting the Sardinian to proceed to the assistance of the Mariposa and those landed from her. The Sardinian accordingly proceeded to Forteau Bay and took on board twenty-eight cabin passengers, the two stowaways, and nineteen of the crew, and then returned to her course and arrived at Liverpool on the 1st Oct., where she landed those she had rescued. On the 25th Sept. the plaintiffs' vessel the Austrian, whilst proceeding through the Straits of Belleisle, on a voyage from London to Montreal, sighted the Mariposa stranded on the rocks, and flying a signal for assistance. She accordingly steered to the spot, and at the request of the master of the Mariposa took on board the remainder of the latter's passengers and crew, and ultimately landed them at Quebec. The Austrian also called at Cape Magdeline, to communicate, as asked by the master of the Mariposa, to the telegraph...
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