Legal Opinion

Marshall v. The Earnwell

District Court, E.D. Pennsylvania

Decided May 28, 1895No. 10PublishedCited by 2 opinions

This was a libel by William F. Marshall, a. pilot, against the steamship Earnwell, for refusal to accept bis services when offered.

1Opinion of the Court

BUTLER, District Judge.

No question of law is involved. The respondent was bound to accept the first available pilot; who offered his services. The Clymene, 9 Fed. 164; The Alzena, 14 Fed. 174. She was not required however to go materially out of her way to meet him or stop and wait, if others were more convenient, because lie first signaled, but simply to accept the services of the pilot first offering where she could do so without disadvantage. If several offered simultaneously she could accept: the services of either.

The questions raised by Lhe pleadings are first: Is the libelant a pilot?…

2Cases cited2 opinions

  1. The ClymeneDistrict Court, E.D. Pennsylvania · 1881
  2. The AlzenaDistrict Court, E.D. Pennsylvania · 1882

3Cited by2 opinions

  1. Kardo Co. v. AdamsCourt of Appeals for the Sixth Circuit · 1916
  2. The BayonneDistrict Court, E.D. Pennsylvania · 1904

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