Saint Paul Marine Transp. Corp. v. Cerro Sales Corp.
United States Court of Appeals for the Ninth Circuit
505 F.2d 1115 (1974)
- Written by Alex Ruskell, JD
Facts
The North America caught fire while carrying cargo owned by Cerro Sales Corp. (Cerro) (defendant). The United States Coast Guard picked up a distress signal and sent the Saint Paul (plaintiff) to the North America’s rescue. The Saint Paul rescued the crew, then tried to salvage the ship and cargo. The Saint Paul attempted a tow that was ultimately unsuccessful because the North America’s tow line was too short, creating a risk of collision. The crew boarded the vessel, extinguished deck fires, cleared burning material, closed doors and portholes, notified the Coast Guard of the North America’s position, and remained on station until authorized to depart. Five days later, another tug engaged by the North America reached the North America and towed it to port. The Saint Paul sued Cerro for a salvage award because the cargo was ultimately rescued. The court ruled in the Saint Paul’s favor, and Cerro appealed. Cerro argued that any damage award to the Saint Paul was precluded because the Saint Paul had abandoned the North America before its rescue.
Rule of Law
Issue
Holding and Reasoning (Williams, J.)
Concurrence (Wright, J.)
Dissent (Hufstedler, J.)
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