The Mary
District Court, D. Massachusetts
This was a libel promoted by David Downing and others, of the crew of the schooner Mary, in a cause of subtraction of wages. •It appeared that the vessel was employed in bringing paving-stones from Scituate and Marshfield beaches, to Boston, and the libel-lants were employed in loading the vessel with the stones, at the various places where they were obtained, navigating the vessel to Boston, and unloading her.
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This was a libel promoted by David Downing and others, of the crew of the schooner Mary, in a cause of subtraction of wages. •It appeared that the vessel was employed in bringing paving-stones from Scituate and Marshfield beaches, to Boston, and the libel-lants were employed in loading the vessel with the stones, at the various places where they were obtained, navigating the vessel to Boston, and unloading her. The schooner had a coasting license, which expired on the 14th April, 1852; after which,, and before the renewal of the license, she made one trip to Scituate. The claim of the…
1Opinion of the Court
SPRAGUE, District Judge.
The first ground of defence is, that the services of the libellants were not maritime. In the supreme court of the United States, in the case of The Jefferson, 10 Wheat. [23 U. S.] 428, it was decided that the services must be rendered upon a vessel whose passages were upon the high seas, or within the ebb and flow of the tide. Judge Hopkinson, in the case of Thackarey v. The Farmer of Salem [Case No. 13,852], a vessel under fifty tons burden, the business of which consisted in going across the -river, about two miles, for wood, the passage seldom occupying more than…
2Cited by1 opinion
- The Virginia BelleDistrict Court, E.D. Virginia · 1913