The E. M. Davidson

• Decision Date: 01 January 1880
• Citation: The E. M. Davidson, 1 F. 259 (E.D. Wis. 1880)
• Parties: DANIEL DALSTROM and others v. THE OUTFIT OF THE SCHOONER 'E. M. DAVIDSON.'
• Court: U.S. District Court — Eastern District of Wisconsin

1 F. 259

DANIEL DALSTROM and others v. THE OUTFIT OF THE SCHOONER 'E. M. DAVIDSON.'

United States District Court, E.D. Wisconsin.

January term, 1880

Mr Markham, for the seamen.

Mr Krause, for salvors.

The facts of this case, as shown by the pleadings, were these: On the fifteenth day of October, 1879, the schooner Davidson left Chicago on a voyage to northern ports on Lake Michigan. Libellants shipped on board as seamen. On the next day the vessel was stranded on Pilot Island Reef. On request for assistance from the master, Wolf & Davidson, of Milwaukee dispatched the tug Leviathan, with steam-pump and other apparatus, to the relief of the vessel. Efforts were made to get the vessel off, and were continued until November 26th but they were unsuccessful. From the time the vessel was stranded until exertions to relieve her were abandoned libellants continued on board. On the twenty-fifth day of November, the master of the tug being convinced that the vessel could not be relieved, deemed it advisable to save her outfit, consisting of boats, tackle, rigging, apparel and furniture, and ceased his efforts in behalf of the vessel. Thereupon the master and crew of the tug, with the assistance of the crew of the vessel, removed the vessel's outfit to the tug, and brought it, together with the master and crew of the vessel, to the port of Milwaukee. Libellants were then discharged, but were not paid their wages, and thereupon libelled the outfit. Decree was rendered in their favor, the outfit sold, and the proceeds were paid into the registry of the court. Thereupon the owners of the tug intervened, by...