San Francisco Bar Pilots, Lobo, Meyer, Mauldin, Olsen, Larsen, Pederson and Madrid v. The Vessel Peacock, Her Hull, Etc., Fairfield Industries
Opinion
Opinion
Anderson, J.
I. OVERVIEW
Owners and crew of a pilot vessel (PILOTS) appeal a district court judgment awarding an amount for salvage against the charterer of a ship which required PILOTS aid during a storm. PILOTS corn tend that the valuation method used was erroneous in failing to consider the insured value of the property owned by the charterer on board the ship. PILOTS also contend that the judgment should have included a salvage award for the leased property on board the ship. We affirm the method of valuation utilized for the owned property and reverse and remand for further consideration of the value of the lessee’s interest in the salved leasehold property.
II. DISCUSSION
An appellate court is, generally speaking, loath to change a salvage award unless it appears to be based on incorrect principles, or upon a misapprehension of the facts, or where it is so grossly excessive or inadequate as to be deemed an abuse of discretion.
3A M. Norris, BENEDICT ON ADMIRALTY § 311 (6th ed. 1980). It is a salvage award based on an arguably incorrect valuation method that is at issue here.
An attack on the basis of a salvage award, rather than a challenge to the amount of the award, is in the…