Thomas v. Lane
U.S. Circuit Court for the District of Maine
Libel for an assault and battery, and imprisonment, brought against Charles Thomas. master, and John M. Jordan, mate, of the brig Moro, by Joseph H. Lane, a seaman of the same vessel, shipped for a voyage on the high seas, to wit: from Portland to Havana, and back to Portland. The libel asserted the assault and battery, and imprisonment. to be in the harbor of Havana; and set forth the circumstances specially.
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Libel for an assault and battery, and imprisonment, brought against Charles Thomas. master, and John M. Jordan, mate, of the brig Moro, by Joseph H. Lane, a seaman of the same vessel, shipped for a voyage on the high seas, to wit: from Portland to Havana, and back to Portland. The libel asserted the assault and battery, and imprisonment. to be in the harbor of Havana; and set forth the circumstances specially. The respondents put in a joint answer, admitting the libellant to have been a seaman on board the brig for the voyage; but denied that they had unnecessarily assaulted the libellant, as…
1Opinion of the Court
STORY, Circuit Justice.
The present suit is what is technically called a cause of damage, brought by the libellant, a seaman of the brig Moro, of Portland, against the respondents, the master and mate of the same brig, for an asserted assault and battery (specially set forth) of the libellant, in the harbor of Havana, and an imprisonment of four days, in continuation of the wrong, on shore, in the same port. There is an answer put in by the respondents, in its form joint, but containing several distinct allegations in defence of each of the respondents, in its nature several and not joint.…
2Cases cited2 opinions
- Moors v. ParkerMassachusetts Supreme Judicial Court · 1807
- Schermerhorn v. TrippNew York Supreme Court · 1804
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