Phelan v. Minges

170 F. Supp. 826, 1959 AMC 975 (1959)

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Phelan v. Minges

United States District Court for the District of Massachusetts
170 F. Supp. 826, 1959 AMC 975 (1959)

CS

Facts

Two vessels, the Javelin and the Lovely Lady, were swept out of Marblehead Harbor one afternoon during Hurricane Carol. The vessels soon came to rest about one-and-a-half miles away from the harbor when their mooring and anchor lines caught and held near a small, rocky island in about 20 feet of water. A boatyard owner inspected the vessels in that location later that afternoon, determined that the vessels seemed secure, and left them as they were. John Minges (defendant), the owner of the Javelin, made arrangements for his ship to be brought back into the harbor the following morning. Early the next morning, however, Richard Phelan (plaintiff) noticed the vessels from shore and traveled out to them by boat. He boarded and started the Lovely Lady, attached the Javelin and his boat to it by tow ropes, and brought the vessels back into the harbor. Minges saw the vessels coming in, took a launch to them, boarded the Javelin, and moored it. By this point, the storm was over. Phelan had an attorney send Minges a written claim for salvage that same day and brought a suit in admiralty against Minges to recover salvage compensation.

Rule of Law

Issue

Holding and Reasoning (Ford, J.)

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Casebooks

Admiralty

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