Markakis v. S/S Volendam

486 F. Supp. 1103, 1980 AMC 915 (1980)

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Markakis v. S/S Volendam

United States District Court for the Southern District of New York
486 F. Supp. 1103, 1980 AMC 915 (1980)

Facts

The SS Monarch Sun (the Sun) and the SS Monarch Star (the Star) (defendants) were cruise ships owned by the same company, Monarch Cruise Lines. The Star was cruising with about 700 passengers and crew off the coast of Cuba when its engines and emergency generator failed. The Star was left adrift without lights or power and was in danger of drifting in Cuban territorial waters. At the time the Star was disabled, the Sun was also cruising in the Caribbean and was directed by the vessels’ operations company to go to the Star’s aid. John Markakis (plaintiff), the captain of the Sun, made plans with the Star’s captain to transfer the Star’s passengers and some of its crew, baggage, and provisions to the Sun via the Sun’s tenders. After the transfer operation was safely completed, the Sun towed the Star to a safer location where it could wait for a tug to tow it into port. Markakis later brought a claim for salvage on behalf of himself and the Sun’s crew against both vessels. (By this time, the Sun had been renamed the SS Volendam and the Star had been renamed the SS Veendam.) At trial, Markakis dropped the Sun as a defendant and proceeded only against the Star. The Star disputed that a salvage award was warranted because the crew of the Sun had been ordered by the vessels’ common owner to go the Star’s aid.

Rule of Law

Issue

Holding and Reasoning (Weinfeld, J.)

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