Rauch v. Gulf Refining Company

• Decision Date: 01 April 1955
• Docket Number: No. 2400,2438.,2400
• Citation: 129 F. Supp. 843
• Parties: Joseph RAUCH, Mariner, for himself and others interested as salvors, Libellant, v. GULF REFINING COMPANY, Respondent. Joseph RAUCH, Mariner, for himself and others interested as salvors, Libellant, v. BLACK WARRIOR TOWING COMPANY, Respondent.
• Court: U.S. District Court — Eastern District of Louisiana

129 F. Supp. 843

Joseph RAUCH, Mariner, for himself and others interested as salvors, Libellant,

v.

GULF REFINING COMPANY, Respondent.

Joseph RAUCH, Mariner, for himself and others interested as salvors, Libellant,

v.

BLACK WARRIOR TOWING COMPANY, Respondent.

Nos. 2400, 2438.

United States District Court, E. D. Louisiana, New Orleans Division.

April 1, 1955.

Dodd, Hirsch & Barker, and John F. Fox, New Orleans, La., for libellant.

Lemle and Kelleher, George B. Matthews, New Orleans, La., for respondents.

WRIGHT, District Judge.

Libellants, members of the crew of the Tugs Port Allen, Port Hudson, and Humrick, all owned and operated by Crescent Towing and Salvage Company, Inc., assert a claim against respondents for salvage services rendered to three tank barges, owned by Black Warrior Towing Company, and gasoline cargo in the barges owned by the Gulf Refining Company. An explosion followed by fire on the barges while they were moored to the Gulf Refining Company dock near Gretna, Louisiana, placed the vessels and cargo in the jeopardy requiring the salvage. The details of this explosion and fire are more fully set out in the opinion of this court in Hartford Accident & Indemnity Co. v. Gulf Refining Company, D.C., 127 F.Supp. 469, 1955 A.M.C. 197.

In addition to the Port Allen, Port Hudson and Humrick, the Tugs Edward Luckenbach, Samson, A. W. Whiteman, Independent, Bisso, R. W. Wilmot, Cappy, and the Fire Tug Deluge participated in the salvage which resulted in the cargo-laden barges being detached from the flaming wharf, the fire on the barges themselves extinguished, and the barges towed to a safe landing. By stipulation it is agreed that the salved hull value of the three barges totals $27,000 and the salved cargo value is $82,081.43.¹

Salvage claims were presented to Gulf and Black Warrior by the owners of the salving vessels. These claims were settled by Gulf and Black Warrior paying to Crescent Towing and Salvage Company, Inc., as owners of the Tugs Port Allen, Port Hudson and Humrick, the sum of $7,000, to E. N. Bisso & Son and Bisso Ferry Company, the bareboat charterer and owner, respectively, of Tugs Edward Luckenbach and Samson, the sum of $7,000, to New Orleans Coal & Bisso Towboat Company, as owner of Tugs R. W. Wilmot, Bisso, Independent and Cappy, the sum of $6,000, and to George W. Whiteman, as owner of the Tug A. W. Whiteman, the sum of $1,000. The Fire Tug Deluge, being owned by the Board of Commissioners for the Port of New Orleans, made no claim for salvage services. The settlement of these salvage claims was intended to include any awards which may be due the crews of the salving vessels. Libellants here, however, members of the crew of the Tugs Port Allen, Port Hudson and Humrick, were not consulted with reference to the salvage settlements. They were later offered by their employer, the Crescent Towing and Salvage Company, the sum of approximately $89 each as their participation in the salvage award. The offer was refused.

In considering the portion to be awarded one set of salvors, the contribution made by all concerned with the salvage effort, whether or not participating in the award, must be considered. The Blackwall,² 10 Wall. 1, 77 U.S. 1, 19 L.Ed. 870; Hendry Corp. v. Aircraft Rescue Vessels, D.C., 113 F.Supp. 198, 1953 A.M.C. 2115; Greene v. United States, D.C., 106 F.Supp. 682, 1952 A.M. C. 1542. Nonprosecution of their claims by some salvors and inability to make claim in others inures to the benefit of the salved vessels and cargo and not to salvors who do prosecute their claims. The Blackwall, supra. Ordinarily two-thirds of the...