Wilson

Wilson v. W. R. Grace & Co.

Good Law
4 F.2d 673·1925 A.M.C. 664·1925 U.S. App. LEXIS 3067
United States Court of Appeals for the Ninth CircuitMarch 16, 1925No. 4270California1,825 words

Opinion

Lead Opinion

Morrowcireuit, J.

On December 21, 1915, the respondent, W. R. Grace & Co., a corporation, chartered from libelants, Wilson Bros. & Co., the steamship Columbia for a period of about one year, 10 per cent., more or less, at the rate of hire of $350 a day. The charter party contained the following provision, which is the subject of controversy in this ease: “That all derelicts and salvage shall be for owners’ and charterers’ equal benefit.”

On February 18, 1916, the Columbia was delivered to respondent, which would make the full charter period (one year, with the 10 per cent, added) expire on March 26, 1.937, at 7 o’clock p. m. On February 24, 1917, the Columbia left Antofagasta, Chile, on her last voyage, and under normal conditions would have arrived at San Francisco on March 17, 1917, nine days before the expiration of the charter. But soon after the Columbia left Antofagasta it was found that the steamship Cuzco, also operated by respondent, had gone ashore at Salaverry,- off the coast of Peru, with cargo aboard. Respondent thereupon ordered the Columbia to deviate from her regular voyage to San Francisco, proceed to Salaverry, and render all assistance possible to the Cuzco.

On March 1, 1917,…

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