The Idlehour
District Court, N.D. New York
The libelant, Frederick Bradley, was employed as mate of the steamer Idlehour during the summer of 1894. The steamer made excursion trips from Buffalo to points on the Niagara river. The libelant was employed May 8, 1894. He was discharged July 15, 1894. Both sides agree that he was to be boarded by the claimant, but there-is a dispute as to the date when this agreement took effect.
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The libelant, Frederick Bradley, was employed as mate of the steamer Idlehour during the summer of 1894. The steamer made excursion trips from Buffalo to points on the Niagara river. The libelant was employed May 8, 1894. He was discharged July 15, 1894. Both sides agree that he was to be boarded by the claimant, but there-is a dispute as to the date when this agreement took effect. The steamer did not begin her regular trips until June 9, 1894. The libelant contends that he was entitled to be paid for his board for a month from May 8th to June 9th, although the crew had not been assembled…
1Opinion of the Court
GOXE, District Judge.
I am convinced thafthe claimant did not agree to furnish board to tbe libelant until tin; Idlehour commenced her regular trips. After the crew were assembled arrangements could be made for boarding them together, not before. This would seem to be in accordance with custom and common sense. The claim for board prior to June 9th, is, therefore, disallowed.
The contract was clearly by the month and not by the day. The proof discloses no other agreement. The court cannot consider, what the claimant intended to do but only what the parties actually did do. The deductions for…
2Cases cited3 opinions
- The MentorU.S. Circuit Court for the District of Massachusetts · 1825
- The SuperiorDistrict Court, N.D. New York · 1885
- The GarnetDistrict Court, D. California · 1875
3Cited by3 opinions
- City of NorwichCourt of Appeals for the Second Circuit · 1922
- The William LeishearDistrict Court, D. Maryland · 1927
- Trent v. Gulf Pacific LinesDistrict Court, S.D. Texas · 1930