## Facts

- On August 31, 1954, Hurricane Carol struck Marblehead Harbor with violent winds and heavy seas.
- Two vessels—the sailing yacht *Javelin* (owned by John V. Minges) and the *Lovely Lady*—were swept from the harbor and seen drifting out toward open water.
- The vessels soon came to rest about one-and-a-half miles from the harbor near Eagle Island, a small rocky island surrounded by shoals, in roughly 20 feet of water.
- Later that afternoon, an experienced boatyard proprietor inspected the vessels by launch and found them about 300 feet off Eagle Island.
- The *Javelin* had a line out that appeared taut and intact; both vessels appeared to be holding well even though a stiff breeze and heavy seas continued.
- The inspector made a minor protective adjustment to prevent chafing on the *Lovely Lady*’s line and left both vessels where they were.
- Around 8:00 p.m., Minges arranged by telephone with a yacht yard to have *Javelin* brought back into Marblehead Harbor the following morning.
- At first light on September 1, Minges observed from shore that the vessels appeared to be in the same position as the prior evening.
- That morning, after the storm had passed, Richard L. Phelan went out by boat with his brother, boarded the *Lovely Lady*, started its engine, and connected tow lines so that the *Lovely Lady* towed both the *Javelin* and Phelan’s boat.
- Phelan brought the vessels back into Marblehead Harbor; Minges saw them coming in, went out by launch, boarded the *Javelin*, and moored it.
- Phelan, through counsel, promptly made a written demand for salvage compensation and filed a libel in admiralty seeking a salvage award.

## Issues

1. Whether Phelan’s towing of *Javelin* back to harbor qualified as a salvage service—i.e., whether *Javelin* was in actual or reasonably apprehended marine peril at the time Phelan acted.

## Decision

- The court dismissed the libel and denied a salvage award.
- The court found that, when Phelan towed the vessels on September 1, *Javelin* was not in actual or reasonably apprehended marine peril because it was holding securely in about 20 feet of water and the storm had ended.
- Because the peril element was not proved, Phelan’s assistance was treated as towage or non-salvage help rather than salvage.

## Legal Principles

- A salvage claim requires: (1) maritime property in marine peril, (2) voluntary service (not owed by duty or contract), and (3) success in saving the property in whole or part.
- The existence of marine peril is a threshold requirement; the danger must be real or reasonably feared, not merely speculative or remote.
- Peril is evaluated at the time the claimed salvor renders the service; earlier danger during a storm does not establish salvage if the vessel later becomes secure.
- Work that mainly relocates a vessel already holding safely, after severe conditions have passed, is generally towage rather than salvage, even if the service is useful and successful.

## Conclusion

The court denied salvage because *Javelin*’s earlier hurricane danger had ended by the time Phelan arrived; the yacht was holding on an intact line in adequate depth and conditions had moderated, so towing it back to harbor did not satisfy the marine-peril requirement for a salvage award.


Phelan v. Minges, 170 F. Supp. 826, 1959 AMC 975 (1959)