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THE SYBIL, 17 U. S. 98 (1819)

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The Sybil, 17 U.S. 4 Wheat. 98 98 (1819)

The Sybil

17 U.S. (4 Wheat.) 98


In a case of civil salvage where, under its peculiar circumstances, the amount of salvage is discretionary, appeals should not be encouraged upon the ground of minute distinctions of merit, nor will the Court reverse the decision of an inferior court unless it manifestly appears that some important error has been committed.

The demand of the ship owners for freight and general average in such a case is to be pursued against that portion of the proceeds of the cargo which is adjudged to the owners of the goods by a direct libel or petition, and not by a claim interposed in the salvage cause.

This was a case of civil salvage in which the district court decreed a moiety of the net proceeds as salvage to be distributed in certain proportions among the salvors, which was reversed by the circuit court on appeal, and one-fourth decreed as salvage, to be divided among the respective salvors in proportions somewhat different from those ordered by the district court. The cause was submitted to this Court without argument.

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