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Lloyd's Law Reports

THE "CASTOR."

(1932) 43 Ll L Rep 261

ADMIRALTY DIVISION.

Before Lord Merrivale (President), sitting with Captain P. N. Layton and Captain W. R. Chaplin, Elder Brethren of Trinity House.

Salvage - Services rendered by steamship Ousebridge to motor vessel Castor in Atlantic Ocean - Vessel on fire aft and temporarily abandoned by crew - Towage of 180 miles to St. Michaels (Azores) occupying nearly seven days- Discussion of perils endangering Castor-Value of salved property- Whether time charter (with nearly seven years to run) should have been taken into account in appraisement- Held, as to the service, that at the time the vessel was taken in tow the worst period of the fire had passed; that there was not imminent peril of loss by sea risks; but that nevertheless the service was an excellent one and was rendered in face of serious difficulties; as to the value, that the value to be ascertained was the value of the vessel to her owners as a going concern, bearing in mind her damaged condition; that the valuer should have taken the time charter into account; but that, the appraisement having proceeded on the footing that the vessel was an employed vessel likely to be employed, and the charter hire not being exceptional, the only element of value proper for further consideration was the agreed duration of the charter-Salved values of ship and cargo on that basis: £106,000-Award: £11,500-Excessive bail demanded by plaintiffs-Plaintiffs mulcted in costs.

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