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![handle is hein.slavery/ssactsengr0440 and id is 1 raw text is: THE BRANKEN MOOR
THE BRANKEN MooR -(Richards). May 2, 1837.-Salvage.-Claim of a Deal
boatman (intervening in a salvage cause) rejected; and, on appeal, affirmed.
In a case involving great risk, and where the salvors were numerous, and the
property of the value of £10,500,-£2000 awarded.
This ship, of 300 tons, with a general cargo, bound to Rio Janeiro, while endeav-
ouring to work into the Downs, was compelled to bring up abreast the Middle Brake
buoy in the Gull stream ; when one Marsh, of Deal, came alongside, and being taken
on board, worked the ship into the Downs ; and on the following day, during a very
heavy gale, and the weather so thick that Ramsgate harbour light could not be
discerned, he run her ashore on Sandwich Flats, an expedient, it was said, resorted
to in cases of extreme danger. She was ultimately assisted by several luggers with
very meritorious exertions and skill, and got into Ramsgate harbour. Value £10,500.
Phillimore and Haggard, for the luggers.
Addams, for Marsh.
The King's Advocate and Nicholl for the owners.
Sir John Nicholl: On the 12th of December 1836, an action was entered against
the Branken Moor, her cargo and freight, on behalf of salvors, in the amoufit of
£3000, and on the 13th of February, a separate [374] action in £200 for Joseph
Marsh, a Deal man. The case itself contains all the ingredients that can found a
claim to high remuneration ; first, as regards the extreme state of danger in which
the ship, cargo, and crew were placed ; secondly, as to the great risk, peril, labour,
skill and enterprise of the salvors ; and also their great numbers. The facts are not
controverted ; and it is much to the credit of the owners or of the underwriters (if
the former are insured) that they have not attempted to beat down fair claims :
they admit the main facts, though somewhat exaggerated. The violence of the
hurricane, however, is hardly capable of exaggeration.
I will first dispose of Marsh's claim.
The vessel was at anchor on the 27th of November in the Gull stream, in no
apparent risk, when a boat and four men put out, without signal, from Deal. Marsh
was received on board ; the other three men went back for provisions, but did not
return. Marsh denies that he is a pilot ; but lie is so described on the other side.
He undertook to conduct the ship into the Downs ; and I apprehend that it is as
a pilot that he had her given up to him. On the 28th, the ship having been brought
up by her best bower anchor off Sandown Castle on the previous day, her second anchor
was let go ; and she thus rode till the morning of the 29th, when under some appre-
hension of danger (though that is only stated in Marsh's own affidavit) from a brig
drifting against her, he directed both chains to be slipped, and early in the morning
of that day he run the ship on the Sandwich'Flats. The gale increased to a hurricane;
lights were exhibited as signals of dis-[375]-tress ; and several luggers put out from
Ramsgate, long before daylight, to her assistance.
It is unnecessary to detail the mode in which each lugger was employed for the
relief of the ship : she is found on a lee-shore without anchors, without a rudder,
having more than four feet of water, and all hands working at the pumps. One of
the luggers was dispatched for an anchor and cable; and about noon, when the
weather had moderated, a smaller lugger was hauled to the ship, and employed to
carry the master, passengers and the exhausted part of the crew and some of the
most valuable articles in the ship to Ramsgate ; this lugger was so loaded that she
nearly sunk; yet Marsh put himself on board, and having thus left the ship, never
again came near to her. He has however intervened in this suit, and arrested the
ship for salvage. The owners deny that he did any salvage service ; and the affida-
vits relied upon to give him the character of a salvor, only speak in vindication of
the ship having been placed upon the sands. I may therefore dismiss this
claim. (a)
To the crews of the luggers, the Court, observing that on the 29th of November,
in the state the ship was in, the underwriters would not have underwritten her for
50 per cent., awarded £2000 and the expenses-one-fifth.
(a) Marsh appealed from the above sentence ; and it was affirmed. The owners
did not, in either Court, ask costs against Marsh.
Lushington and Addams for the appellant.
Queen's Advocate and C. F. Wordsworth, contra.
444
3 HAGG. 374.](ViewImageLocal?handle=hein.slavery/ssactsengr0440&div=1&collection=&method=preview&ext=.png&size=3)