Knight v. Parsons
District Court, D. Massachusetts
This was a suit in personam, in admiralty. The libellant was a fisherman on board the schooner Avon, of Gloucester, of which the respondent was skipper and part owner. The Avon was enrolled and licensed for the mackerel fishery, and was engaged in mackerel fishing in the Gulf of St Lawrence.
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This was a suit in personam, in admiralty. The libellant was a fisherman on board the schooner Avon, of Gloucester, of which the respondent was skipper and part owner. The Avon was enrolled and licensed for the mackerel fishery, and was engaged in mackerel fishing in the Gulf of St Lawrence. The shipping contract was to the effect that the owners would furnish the provisions, stores, salt, and other outfits, and that the cash proceeas of the catchings should be equally divided,— one half to the owners, and one half to the skipper and men. The contract did not state how the crew should divide…
1Opinion of the Court
SPRAGUE, District Judge.
This case, as presented, raises three questions: 1st. Do fishermen on mackerel voyages, in licensed and enrolled vessels, so far come within the general rule of law relating to hired seamen, as to be entitled to be cured at the ship’s ex-píense? 2d. If so, does the usage of Gloucester take this case out of the operation of the general rule? Sd. Do the acts of the libellant, at the time of leaving the vessel, or at the time of the settlement, amount to a remission of his general right?
It is conceded that hired seamen are, as a general rule, entitled to be treated for…
2Cited by4 opinions
- Caffray v. KingslandDistrict Court, S.D. New York · 1885
- Telles v. LyndeDistrict Court, N.D. California · 1891
- Welch v. FallonDistrict Court, D. Massachusetts · 1909
- United States v. WashingtonDistrict Court, W.D. Washington · 2015