Reports of Cases Argued and Determined in the District Courts of the United States Within the Second Circuit (Volume 5) (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1874. Excerpt: ... White v. Adams. was not at all the fault either of the steam-tug or of the ship; and that it was wholly the fault of the schooner. The libel must, therefore, be dismissed, with costs. Townsend Scudder, for the libellants. Welcome E. Beeie, for the steamtug. Robert D. Benedict, for the ship. Eastern grstnct nf geto ftorL OCTOBER, 1871. CHARLES WHITE et al. v. SAMUEL P. ADAMS. Seamen's Wages.--Abandonment Of Ship. Where a ship, loaded with railroad iron, and leaking, in heavy weather, waa abandoned, and the seamen afterwards filed a libel to recover wages for the whole voyage, on the ground that she was fraudulently abandoned: Held, That, though there were some extraordinary features in the case, the Court was satisfied that the master acted according to his best judgment in abandoning the ship, and the Court would not adopt a different judgment now: That the seamen, therefore, could not recover wages for the voyage, but were entitled to recover wages till the abandonment. Benedict, J. The bark Nellie Chapin, on the 7th day of October, 1869, while on a voyage from Bristol to Lisbon, was abandoned at sea. The crew, together with a boat, some sails, provisions, and other articles, were taken oif by a passing vessel. Four of the seamen now bring this action to recover of the owners of the bark wages for the whole voyage, upon the ground that the master fraudulently abandoned the vessel, and thereby unlawfully prevented them from performing their contract. The evidence certainly presents some extraordinary White v. Adams. features; but whatever else might be held to be the proper conclusion to be drawn respecting the conduct of the master in abandoning his vessel, the charge of fraud cannot be held to be sustained. The evidence leaves no doubt in my mind that t...