Marcussen v. Saunders

Fifth Circuit

Marcussen v. Saunders

69 F. 110, 16 C.C.A. 170, 1895 U.S. App. LEXIS 2372

CourtCourt of Appeals for the Fifth Circuit

DecidedMay 21, 1895

DocketNo. 360

StatusPublished

Cited by3 cases

This text of 69 F. 110 (Marcussen v. Saunders) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Marcussen v. Saunders, 69 F. 110, 16 C.C.A. 170, 1895 U.S. App. LEXIS 2372 (5th Cir. 1895).

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Opinion

PER CURIAM.

While the award for salvage against the ship appears to be high in reference to some of the values sworn to by witnesses in the case, yet the evidence, taken as a whole, is not so conclusive on the side of the claimant that we can find therefrom that the court below erred in the valuation fixed as the basis of award. On that basis, considering the value of the salving vessel, the risk it encountered in rendering the salvage services, and the complete success attending such services, the amount awarded cannot be characterized as excessive to such a degree as to warrant our interference. The decree appealed from is affirmed.

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PER CURIAM.

While the award for salvage against the ship appears to be high in reference to some of the values sworn to by witnesses in the case, yet the evidence, taken as a whole, is not so conclusive on the side of the claimant that we can find therefrom that the court below erred in the valuation fixed as the basis of award. On that basis, considering the value of the salving vessel, the risk it encountered in rendering the salvage services, and the complete success attending such services, the amount awarded cannot be characterized as excessive to such a degree as to warrant our interference. The decree appealed from is affirmed.

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Bluebook (online)

69 F. 110, 16 C.C.A. 170, 1895 U.S. App. LEXIS 2372, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marcussen-v-saunders-ca5-1895.

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