Merritt & Chapman Derrick & Wrecking Co. v. United States

274 U.S. 611, 47 S.Ct. 663, 71 L.Ed. 1232, 1927 AMC 953 (1927)

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Merritt & Chapman Derrick & Wrecking Co. v. United States

United States Supreme Court
274 U.S. 611, 47 S.Ct. 663, 71 L.Ed. 1232, 1927 AMC 953 (1927)

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Facts

The Leviathan, a steamship owned by the United States (defendant) was docked at Pier 4 in the port of Hoboken, New Jersey. A large and dangerous fire broke out on nearby Pier 5. The Leviathan was at rest and only manned by a skeleton crew and so was unable to move away from the pier. Two fireboats belonging to Merritt & Chapman Derrick & Wrecking Co. (Merritt & Chapman) (plaintiff) began fighting the fire on Pier 5. The fireboats did not directly render any aid or put any water on the Leviathan, and the Leviathan did not request any aid from the vessels. The side of the Leviathan closest to the fire was scorched, and some fires started onboard, but those were put out without the aid of the fireboats. The main fire was extinguished the following morning. Merritt & Chapman sued the United States for salvage compensation for the aid it claimed to have rendered to the Leviathan. The United States filed a motion to dismiss the claim for failure to state a cause of action, and the court granted the motion. The case came before the United States Supreme Court on a writ of error.

Rule of Law

Issue

Holding and Reasoning (Butler, J.)

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