Steele v. Thacher
District Court, D. Maine
This was what, in the technical language of the admiralty, is called a cause of damage, brought by Steele for certain wrongs alleged by him to have been done by the respondent, to his son, being a minor under the age of twentj'-one. The libel alleged that in February last, Capt.
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This was what, in the technical language of the admiralty, is called a cause of damage, brought by Steele for certain wrongs alleged by him to have been done by the respondent, to his son, being a minor under the age of twentj'-one. The libel alleged that in February last, Capt. Thacher, master of brig Jane, at Portland, shipped John Smith Steele, the libellant’s son, to go a voyage on the high seas from Portland to the West Indies; that in pursuance of this contract the said John went the voyage from Portland to Grenada, and was thus transported out of the state without the parent’s consent,…
1Opinion of the Court
WARE, District Judge.
In considering the . questions which arise in this cause, we may begin by laying out of the case the second, third, and fourth allegations in the libel, as being unsupported by any satisfactory evidence. There is no color of proof to support that part of the libel which relies on .an assault and battery, and a consequent loss of service. Admitting the battery to be proved, this part of the libel can only be sustained by proof of a consequent loss of service, and there is not a particle of evidence which goes to establish that fact. The allegation of a discharge by consent…
2Cases cited2 opinions
- Jenney v. AldenMassachusetts Supreme Judicial Court · 1815
- James v. Le RoyNew York Supreme Court · 1810
3Cited by1 opinion
- McCarthy v. RosenbergDistrict Court, D. Hawaii · 1905