## Facts

- The S.S. NORTH AMERICA, carrying copper concentrates owned by Cerro Sales Corporation (stipulated value $1,850,000), caught fire at sea about 600 miles ESE of Honolulu after departing Hawaii.
- The fire forced the crew to abandon ship; two crew members were lost at sea. The vessel was later treated as a constructive total loss and sold for scrap.
- The M/V ST. PAUL, a seaworthy, fully manned bulk carrier owned by Saint Paul Marine Transportation Corp., received an SOS and diverted to assist.
- The ST. PAUL rescued the NORTH AMERICA’s crew from lifeboats.
- ST. PAUL crew members boarded the burning ship, fought and limited the fire, closed compartment doors, checked potential water entries, and took steps to stabilize the casualty.
- The ST. PAUL attempted to rig and tow the NORTH AMERICA, but the towline parted; ST. PAUL’s crew re-boarded the next day and continued firefighting and securing efforts.
- The ST. PAUL reported the casualty’s condition and location and remained nearby until authorized to depart.
- Days later, a tug engaged by the NORTH AMERICA interests towed the vessel and cargo to port; the cargo was preserved.
- Saint Paul Marine sought a salvage award against Cerro as cargo owner; other defendants originally named were eliminated before judgment.

## Issues

1. Whether a salvor forfeits a salvage claim by leaving the casualty before the final tow to safety, on a theory of “abandonment.”
2. Whether the ST. PAUL’s rescue, firefighting, stabilization, and reporting efforts substantially and causally contributed to the ultimate saving of the cargo so as to support a salvage award against the cargo owner.

## Decision

- The Ninth Circuit affirmed the district court’s salvage award in favor of Saint Paul Marine.
- The court rejected Cerro’s argument that the ST. PAUL’s departure constituted abandonment that barred recovery.
- The court upheld the finding that the ST. PAUL’s actions materially contributed to the cargo’s eventual preservation, even though a different vessel completed the final tow.

## Legal Principles

- Maritime salvage requires (1) marine peril, (2) voluntary service, and (3) success in whole or in part (including a material contribution to the ultimate saving of property).
- A salvor need not maintain continuous possession or remain on scene until final safety to earn an award, so long as the salvor’s services substantially contribute to the ultimate rescue and there is no unjustified termination of the effort.
- Cargo that benefits from salvage services may be held liable for a salvage award independent of the vessel’s hull interests.
- Appellate review in salvage cases affords deference to the trial court’s factual findings and its discretionary assessment of the appropriate award when supported by the record.

## Conclusion

The court upheld a cargo salvage award where the salvor’s early rescue and stabilization efforts were a substantial factor in the cargo’s eventual preservation, and the salvor did not forfeit recovery merely because another vessel later completed the tow to port.


Saint Paul Marine Transp. Corp. v. Cerro Sales Corp., 505 F.2d 1115 (9th Cir. 1974)