## Facts

- In November 1941, during World War II, the German merchant ship *Odenwald* attempted to run the British blockade by disguising itself as a U.S.-flagged vessel.
- The ship displayed American colors and bore the name “Willmoto, Philadelphia,” but U.S. Navy ships U.S.S. *Omaha* and U.S.S. *Somers*, on neutrality patrol in the Atlantic, became suspicious based on the vessel’s conduct and responses.
- As the U.S. ships closed in and a boarding party approached in a small boat, the merchant vessel hoisted an international distress signal meaning it was sinking.
- Members of the boarding party heard internal detonations and were told by a crew member that the vessel was German and was sinking.
- The *Odenwald*’s crew abandoned ship after initiating scuttling measures, including opening watertight doors, valves, and other sea connections, causing seawater to flood the vessel.
- U.S. personnel boarded the *Odenwald* and undertook dangerous, sustained work in heavy sea conditions to keep her from sinking, locate and control flooding, and restore basic ship functions.
- A prolonged effort followed to bring the salvaged vessel to a safe port, with significant risk of enemy submarine attack and substantial hardship for the personnel placed aboard the *Odenwald* to keep her afloat and under control.
- At the time of the incident, the United States was not at war with Germany.
- The United States filed an in rem salvage action in admiralty against the vessel (and associated property interests), seeking a salvage award and recognition of a maritime lien; the German owner and other interested parties appeared to contest the claim.

## Issues

1. Whether the United States, acting through its Navy while the nation was neutral, could obtain a salvage award and maritime lien for saving the German vessel *Odenwald* after her crew attempted to scuttle her.
2. Whether the actions of U.S. naval personnel, performed while on neutrality patrol and under command authority, were “voluntary” within salvage doctrine so as to support a salvage award.
3. Whether the incident should be treated as a prize or capture matter rather than a salvage case governed by maritime salvage rules.

## Decision

- The court held that the United States was entitled to a salvage award for the services rendered in saving the *Odenwald* from marine peril.
- The court recognized that the successful salvage created a maritime lien against the *Odenwald* (and the property saved) to secure payment of the salvage award.
- The court found the vessel was in imminent danger of total loss because the crew had intentionally set her up to sink and then abandoned her on the high seas.
- The court treated the operation as salvage rather than prize, emphasizing that the United States was not at war with Germany at the time and analyzing the claim under general maritime salvage law.
- The court concluded that the salvage elements were met: real marine peril, successful preservation of the property, and service that qualified as voluntary for salvage purposes despite the salvors being naval personnel.
- The court awarded salvage to the United States (asserting the claim for itself and for participating officers and crew) based on the hazardous nature, duration, and difficulty of the work and the value of the property saved.

## Legal Principles

- A salvage claim generally requires: (1) marine peril; (2) voluntary service (not compelled by a specific preexisting duty to the property); and (3) success in saving, in whole or part, the vessel or cargo.
- Successful salvage gives the salvor a maritime lien against the property saved, enforceable through an in rem proceeding.
- A sovereign’s warship may be a salvor; neutrality status and governmental character do not, by themselves, bar recovery when the service falls within salvage doctrine.
- Peril created by intentional scuttling and abandonment is marine peril for salvage purposes; saving the vessel despite that conduct can still support an award.
- In setting the amount of salvage, courts consider factors such as the danger to the salvors, the degree of risk to life and property, the skill and labor required, the time involved, and the value preserved.

## Conclusion

The district court treated the *Odenwald* incident as a classic salvage case arising while the United States was still neutral: U.S. naval forces encountered a German ship masquerading under U.S. markings, prevented her deliberate scuttling from causing total loss, and brought her to safety through hazardous and sustained efforts, entitling the United States (and participating naval personnel through the government’s claim) to a salvage award secured by a maritime lien against the saved property.


United States v. The Odenwald, 71 F. Supp. 314 (D.P.R. 1947)