United Boat Service Corporation, Libelant-Appellant v. Stewart J. Dailey, D/B/A Dailey Lighterage Company

232 F.2d 383, 1956 U.S. App. LEXIS 3044
CourtCourt of Appeals for the Second Circuit
DecidedApril 20, 1956
Docket23882_1
StatusPublished

This text of 232 F.2d 383 (United Boat Service Corporation, Libelant-Appellant v. Stewart J. Dailey, D/B/A Dailey Lighterage Company) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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United Boat Service Corporation, Libelant-Appellant v. Stewart J. Dailey, D/B/A Dailey Lighterage Company, 232 F.2d 383, 1956 U.S. App. LEXIS 3044 (2d Cir. 1956).

Opinion

232 F.2d 383

UNITED BOAT SERVICE CORPORATION, Libelant-Appellant,
v.
Stewart J. DAILEY, d/b/a Dailey Lighterage Company,
Respondent-Appellee.

No. 304, Docket 23882.

United States Court of Appeals Second Circuit.

Argued April 2, 1956.
Decided April 20, 1956.

Gray & Wythe, Proctors, New York City, Horace M. Gray, New York City, of counsel, for libelant-appellant.

Mahar & Mason, New York City, Frank C. Mason, New York City, of counsel, for respondent-appellee.

Before FRANK, MEDINA and WATERMAN, Circuit Judges.

PER CURIAM.

The findings, amply supported by the evidence, are not 'clearly erroneous.' As the judge found that the respondents' vessels were not in peril, he correctly held that no salvage could be recovered.

Although the policy involved in payment for salvage seems to be that of encouraging human aid to ships in peril, we leave open the question whether, absent any human aid, as here, salvage may be awarded.

Affirmed.

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Related

United Boat Service Corp. v. Dailey
232 F.2d 383 (Second Circuit, 1956)

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