The Mermaid
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the Northern Division of the District of Washington. William Hardy, the appellee, libeled tbe brig Mermaid for wages claimed to have been earned by him as a sailor. On April 2, 1900, he- shipped on board the Mermaid, at Port Blakely, in the state of Washington, for ports in Behring Sea. When the brig was within four days’ sailing of Oape Nome she ran into the ice, and anchored to an iceberg, in four fathoms of water.
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Appeal from the District Court of the United States for the Northern Division of the District of Washington. William Hardy, the appellee, libeled tbe brig Mermaid for wages claimed to have been earned by him as a sailor. On April 2, 1900, he- shipped on board the Mermaid, at Port Blakely, in the state of Washington, for ports in Behring Sea. When the brig was within four days’ sailing of Oape Nome she ran into the ice, and anchored to an iceberg, in four fathoms of water. Two other schooners were tied up to the same iceberg, and were lashed to the Mermaid for a'period of about six hours. On…
1Opinion of the CourtGilbert, Circuit Judge
The district court held that the conduct of the appellee was not desertion, for the reason that he had not bound himself by signing lawful shipping articles; but the court expressed the opinion that, but for defects in the shipping articles rendering them void, it would not hesitate to declare a forfeiture of the appellee’s wages for desertion. We agree with the district court that drunkenness was no excuse for the conduct of the appellee, and that his action in leaving the vessel as he did was desertion. We are unable, however, to concur in the conclusion that the shipping articles are so…
2Cited by6 opinions
- Swanson v. TorryCourt of Appeals for the Fourth Circuit · 1928
- In re LarsonDistrict Court, E.D. Virginia · 1957
- Hellevik v. American Sugar Transit Corp.Appellate Division of the Supreme Court of the State of New York · 1941
- Saunders v. Sunrun, Inc.District Court, N.D. California · 2020
- The Grace DollarDistrict Court, W.D. Washington · 1906
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