Legal Opinion

Collins v. Wheeler

District Court, D. Massachusetts

Decided June 15, 1850PublishedCited by 2 opinions

In admiralty. The libellants were seamen of the ship Palmyra, owned by the respondents, on a voyage from Calcutta to Boston.

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In admiralty. The libellants were seamen of the ship Palmyra, owned by the respondents, on a voyage from Calcutta to Boston. The suit was for short provisions, under Act Cong. 1790, c. 29, § 9 (1 Stat. 135). The act is as follows: “Every ship or vessel, belonging as aforesaid, bound on a voyage across the Atlantic ocean, shall, at the time of leaving the last port from whence she sails, have on board, well secured under deck, at least sixty gallons of water, one hundred pounds of salted flesh meat, and one hundred pounds of wholesome ship-bread, for every person on board such ship or vessel,…

1Opinion of the Court

SPRAGUE, District Judge.

I shall not go into the details of the evidence, as I am satisfied, on the respondents’ admissions, that they are liable. Putting the most favorable construction upon their answer and evidence, it is clear that they had not on board meat enough for more than two and one-seventh voyages across the Atlantic, and less than that quantity of bread, and a little over three times the quantity of water required for such a voyage. All the evidence shows that a voyage “across the Atlantic” is, .in distance, about 3,000 miles, while a voyage from Calcutta is about 13.000 miles.…

2Cited by2 opinions

  1. Baxter v. DoeMassachusetts Supreme Judicial Court · 1886
  2. Hall v. The American Schooner "F. W. Howe"District Court, D. Hawaii · 1902

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