THE LAW OF SALVAGE

Evening Star, Issue 21905, 17 December 1934, Page 5

THE LAW OF SALVAGE

In connection with salvage claims by ships rescuing aircraft, an important legal judgment has been given by Sheriff Lamg in the Aberdeen Sheriff’s Court. The case concerned the rescue of the American “ Flying Family,” Colonel George R. Hutchison, his wife, and two daughters, and a crew of four, when their seaplane made a forced landing at Cape Dan, Greenland. * The British trawler Lord Talbot took part in the rescue, and Mr Thomas Watson, the master on behalf of himself and his crew, sued T. R. C. A. Victor Company Incorporated, of Camden, New Jersey, United States, for £3OO in respect of the salvage of a cinematograph camera and equipment. Sheriff Lamg Explained that at common law a British ship rescuing from the perils of the sea an aircraft or its passengers, crew, or cargo, whether British or foreign, whether within or without His Majesty’s jurisdiction, was not entitled to salvage for services rendered'as such aircraft was not within the category of ships, vessels, or boats. A British ship was entitled to the benefit of “ the law relating to wreck and to salvage of life or property ” provided that the aircraft, whether British or foreign, had been wrecked within the limits of His Majesty’s jurisdiction; and a British ship rescuing a foreign aircraft, its passengers, crew, or cargo, wrecked at sea or on shore, outside the jurisdiction of His Majesty, was not entitled to the benefit of “ the law relating to wreck and to salvage of life or property ” as the Air Navigation Act did not apply to aircraft operating outside His Majesty’s jurisdiction, “The seaplane, piloted by Colonel Hutchison from New York to a point off the coast of Greenland, was a foreign aircraft,” Sheriff Laihg continued, “ and the place where the al-

leged salvage services were rendered was outside His Majesty’s jurisdiction.” He dismissed the action with costs.