Perkins v. O'Mahoney
Massachusetts Supreme Judicial Court
Contract, on the St. of 1862, c. 176, for compulsory pilotage fees. Trial in the Superior Court, before Colburn, J., who allowed a bill of exceptions in substance as follows: The plaintiff offered evidence tending to show that he was a branch pilot for the ports of Beverly and Salem; that on September 26, 1880, which was Sunday, he offered his services to the defendant, who was the master of an English schooner, outside of the pilot limits of the port of Salem, to pilot the…
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Contract, on the St. of 1862, c. 176, for compulsory pilotage fees. Trial in the Superior Court, before Colburn, J., who allowed a bill of exceptions in substance as follows: The plaintiff offered evidence tending to show that he was a branch pilot for the ports of Beverly and Salem; that on September 26, 1880, which was Sunday, he offered his services to the defendant, who was the master of an English schooner, outside of the pilot limits of the port of Salem, to pilot the schooner into that port, where she was bound; and that, his services being .declined, he notified the master that he…
1Opinion of the CourtGray, C. J.
By the law of the Commonwealth for three quarters of a century before the passage of the General Statutes, pilots entitled by statute to fees for services offered and refused might recover those fees by action against the master. St. 1783, *547c. 13. Rev. Sts. c. 32. Smith v. Swift, 8 Met. 329. Martin v. Hilton, 9 Met. 371. Winslow v. Prince, 6 Cush. 368. Hunt v. Carlisle, 1 Gray, 257. Chapter 52 of the General Statutes reenacts the principal provisions of the statutes thereby repealed; and the provision introduced in § 7 of that chapter, giving the pilot a lien on the vessel for his fees, does…
2Cases cited5 opinions
- Wilson v. GrayMassachusetts Supreme Judicial Court · 1879
- The AmericaDistrict Court, D. Massachusetts · 1867
- Chandler v. DoodyMassachusetts Supreme Judicial Court · 1869
- Josselyn v. GleasonMassachusetts Supreme Judicial Court · 1869
- Perkins v. BuckleyMassachusetts Supreme Judicial Court · 1876
3Cited by2 opinions
- Chadwick v. StokesCourt of Appeals for the Third Circuit · 1947
- Donovan v. McCartyMassachusetts Supreme Judicial Court · 1892