The "Undaunted"
| Jurisdiction | England & Wales |
| Judgment Date | 21 June 1860 |
| Date | 21 June 1860 |
| Court | High Court of Admiralty |
English Reports Citation: 167 E.R. 47
HIGH COURT OF ADMIRALITY
S. C. 29 L. J. (Adm.)176; 2 L. T. 520. Referred to, The "Aztec," 1870, 21 L. T. 797; The "Nellie," 1873, 2 Asp M. C. 142, 29 L T. 516, The "Killeena," 1881, 6 P. D. 193. Discussed, The "Renpor," 1883, 8 P D 115.
the " undaunted " June 21, 1860.-Salvage-Agreement-Ineffectual efforts.- Efforts to give assistance under an engagement to a ship in distress will, although the ship receives no benefit from them, be rewarded as being m the nature of salvage services, if the ship is otherwise saved. A ship parted from both anchors at the North Foreland, and thereupon engaged a steamer to go on shore and bring off an anchor and chain. The steamer went to Ramsgate, and, as the best method ol executing the service, got the anchor and chain on board two luggers ; and the thiee vessels were engaged for three days looking for the ship in distress. The steamer at length fell in with the ship, but no longer in a condition of imminent distress, and then towed her to Gravesend The luggers did not arrive with the anchor and chain until the ship had arrived at Gravesend, when the master of the ship refused to accept them. Held, that the original order to the steamer included a direction to take all necessary measures to carry out the order, and that the steamer and the luggers were entitled to salvage remuneration for the whole of their efforts. [S. C. 29 L. J. (Adm.) 176; 2 L. T. 520. Referred to, The " Aztec," 1870,21 L. T. 797 ; (a) Printed, ante, p. 11. 48 THE " UN1 AUNTED " LUSH. 91. The " Nellie," 1873, 2 Asp M. C. 142 , 29 L T. 516 , The " Killeena," 1881, 6 P. D. 193. Discussed, The " Renpor," 1883, 8 P D 115.] Salvage. On the 20th of December 1859, about 9 30 p M , the " Undaunted," troopship, bound to London, m coming to in a heavy gale at the North Foreland, parted with both her [91] anchors and cables Sail was made on the ship and rockets fired for assistance The steamer " Resolute ' came up, and the master of the " Undaunted " then requested the steamer to proceed to the nearest harbour and bring ofi an anchor and cable The steamer accordingly went to Ramsgate, and the master, as the best method of executing his order, engaged two luggers, and put on board of them a large anchor and cable During the 21st, 22nd, and 23rd December, the steamer and the luggers were engaged cimsing in the neighbourhood of the Foreland, searching for the "' Undaunted," but without success, the " Undaunted...
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The "Fusilier."
...luggers did all ttiat was required. They got the anchor and chain, and stood by to give effectual service if called on. In the Undaunted (Lush. 90) it was held, that efforts to give assistance to a ship in distress will, although the ship receives no benefit from them, be rewarded as being ......
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The Renpor
...M.R., Cotton and Bowen, L.JJ. The Renpor The SarpedonDID=ASPM 3 Asp. Mar. Law Cas. 509 37 L. T. Rep. N. S. 505 3 P. Div. 28 The UndauntedENR Lush, 90 2 L. T. Rep. N. S. 520 The E. U.ENR 1 Spinks 63 The Fusilier 2 Mar. Law Cas. O. S. 37 Br. & L. 341 The Zephyr 2 Hagg. 43 The Cargo ex Schille......
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The Cheerful
...request of the defendants, and should therefore, on the authorities, be rewarded as being in the nature of salvage services; The Undaunted, Lush. 90; 2 L. T. Rep. N. S. 520; The Atlas, Lush. 518; The E. U., 1 Spiuks, 63. In the Melpomene (L. Rep. 4 A. & E. 129; 29 L, T. Rep. N. S. 405; 2 As......
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The Elswick Park
...The following cases were referred to in the course of the argument: The Ranger, 3 Motes of Canes, 589; The Undaunted, 2 L. T. Rep. 520 ; Lush. 90. Bucknill, J. (after referring to the services of the other tags). - Now, with regard to the Queen. Her services are first of all that she towed ......