Baker Salvage Co. v. The Fannie Brown

30 F. 215, 1887 U.S. Dist. LEXIS 13
CourtDistrict Court, E.D. Virginia
DecidedFebruary 26, 1887
StatusPublished
Cited by3 cases

This text of 30 F. 215 (Baker Salvage Co. v. The Fannie Brown) is published on Counsel Stack Legal Research, covering District Court, E.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Baker Salvage Co. v. The Fannie Brown, 30 F. 215, 1887 U.S. Dist. LEXIS 13 (E.D. Va. 1887).

Opinion

Hughes, J.

The valuation of vessel and cargo in this case is fixed by agreement at $18,000. The primary question presented by the pleadings and evidence is, was the service rendered here a salvage, or simply a towage, service?

The case is important, in the fact of its being necessary for the court to pass upon the question of what constitutes salvage or no salvage on the Atlantic coast, south of the Virginia capes, and to give its reasons for deciding that question one way or the other. The case is one of a sort liable to arise on this coast any day in the year, especially in the winter season. The principal inquiry is, what was the condition and position of the defendant vessel when it received the services of the libelants? The facts showing this condition must be presented fully,, and with some detail.

The Fannie Brown is a three-masted schooner, of nearly 500 tons measurement, very staunch and strong, only a few years old, and as good as new. She set sail from Baltimore on the first of January, 1887 , bound for Charleston, rather more than half loaded, chiefly with coal, but partly also with mixed freights. She drew 12$ feet of water. While on her voyage, and after passing out of the Virginia capes, and when within 10 or 12 miles of being abreast of Currituck light, she sustained an accident to her spars and rigging which determined her mas-+"r, Sharrett, to put back to Baltimore for repairs as soon as he could do so. He proceeded on, however, with such speed as he could, to a point 14 miles off Body Island light, N. E., where he anchored'in 14-fathoms water, on what he calls the “elbow” which the Atlantic coast there makes in stretching south from Cape Henry around Cape Halteras, in the direction of Florida. His object in getting to that elbow was that he might “have more points of the compass for any purpose.” The accident to the Fannie Brown happened at about 4 o’clock on the morning of Sunday, the second of January. The vessel continued to beat southward for 10 or 11 hours before a wind blowing down the coast, and she reached the point on which she anchored off Body Island light at 3 o’clock on Sunday afternoon. The accident which befell the schooner was the breaking of her mainmast, and the consequences which attended it. While jibing the mainsail, the wind took the sail back, and set the boom up on its end, which, when it went down, brought with it 34 feet of the mainmast, and this, in falling, struck the mizzen-mast, breaking that off to 41 feet above deck. The mainmastwas broken down to 55 feet above deck. The falling of the two masts produced a corresponding damage to the sails attached, and reduced the vessel to de[217]*217pendence upon the foremast and its rigging for further progress and safety, until repairs could be effected.

The Fannie Brown lay at anchor off Body island from 3 p.m. on Sunday, the'second, to about 11 a. m. on Thursday, the sixth January, when she was taken in tow by the steamer and wrecking vessel Victoria J. Peed, sent out by the libelants. The four days were spent by her crew of eight men, all told, in repairing damages, and improvising temporary rigging for the main and mizzen masts. Hardcastle, the mate of the schooner, .says that by Wednesday night (the 5th) they had everything safely stowed and lashed, with gear up and sail on the mainmast, and one ready for the mizzen-mast, and had gear ready to hoist halyards to both, and sail bent on mainmast. Jellison, the mate of the Victoria J. Peed, says that when he went on board the Fannie Brown at about 10 o’clock Thursday morning, the 6th, she did not have her halyards on her mainmast and mizzen-mast, but there was on each a single block, not sufficient to haul a sail up. They had not roofed the main and mizzen sails. Part of the mainmast stuck over the rail 20 feet. Her mainsail was tom, and lay as It had fallen, along the rail, and had not been touched.

The Fannie Brown lay at anchor off Body island, before being taken in tow by the Victoria J. Peed, from Sunday to Thursday in the condition which has been described. During that time, though there was occasionally a pretty heavy sea from the eastward, yet tbe wind was from the north, blowing down the coast, sometimes a little to west of north, of a character to produce a sea more or less smooth whore the Fannie Brown was lying at anchor. There was a pretty strong wind and heavy sea on Wednesday night, which was the night in which the Peed was going from Norfolk to the relief of the Fannie Brown; hut this wind was from the north, along-shore, and was not fraught with danger to a vessel lying at anchor at Body island; certainly not with any danger to compare with what would attend a gale from the east, and a heavy sea breaking in from tbe east upon the shore.

There were in tbe vicinity of where the schooner lay two shoals, the Platt and the Wimple, which were unknown to Capt. Sharrett, and which, although there are several feet of water on them, are very dangerous to vessels which may become enveloped in the breakers which they produce in heavy seas coming in from eastward. The object of Capt. Shar-rett in casting anchor off Body island, and remaining there as he did, was —First, to get ready to return to Baltimore for new spars and for repairs; and, second, to “wait till the sea ran down,” and then to pass out to sea, if necessary, or return to Baltimore when conditions of weather and sea should permit. Hardcastle, the male, who is more candid than Shar-rett, says their intention was to stay there until the Avind came around to the southward, and to then come to Baltimore to repair. With reference to this object, it may be stated bore that such a wind as they had been looking for in vain for four days did not come for several days after Thursday, the 6th, when the Fannie Brown left tbe place. For 48 hours subsequent to noon on Thursday the wind was either right down the beach, or a storm from north-east, and, Capt. Sharrett says, was [218]*218not sueb that would have permitted bis coming up to Baltimore with sails. He says that if he had not been taken in tow he should have had to remain where he was or gone off shore, which latter he says he would have done “when the sea ran down.”

In point of fact, within the 48- hours just mentioned, there occurred one of the most severe eastern storms that had been known during the season, in which the German ship Elizabeth, anchored off the beach a few miles south of Cape Henry, dragged her anchor, was beached, and was a total loss, with all on board. This disaster occurred on Friday night, the 7th, in a storm that prevailed along the whole coast from Cape Henry, to the south beyond Hatteras. The Fannie Brown would have been at anchor, and would have been struck by that storm, if she had not been taken in tow and brought into Norfolk harbor at 2 o’clock p. m. of the Friday on the night of which the storm occurred. Witnesses, examined on the probabilities of what would have happened to the Brown if she had been still at anchor off Body island on that night, differ in opinion. Capt. Stoddard, Capt. Nelson, Capt. French, all interested witnesses, but skillful and experienced seamen, think it highly probable that she would have shared a like fate to that which overtook the Elizabeth. Mr. Jellison, mate of the Peed, a disinterested witness, but sympathizing with the libelants, is of the same opinion. The libelants had a very staunch two-masted wrecking schooner out in those waters on that Friday night, the Annie Collins. She had been out for several days trying unsuccessfully to get in the capes, and into her home port at Norfolk. She was off Body island, out at sea, that night. Her master, Capt.

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Cite This Page — Counsel Stack

Bluebook (online)
30 F. 215, 1887 U.S. Dist. LEXIS 13, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baker-salvage-co-v-the-fannie-brown-vaed-1887.