Cooper v. F. H. Stanwood
Court of Appeals for the Seventh Circuit
On Appeal from the District Court of the United States for the Northern District of Illinois. STATEMENT BY JENKINS, DISTRICT JUDGE. In Admiralty. The tug F. II. Stanwood, on the 18th day of September, 1890, and within the admiralty jurisdiction, negligently collided with and sank the canal propeller Whale.
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On Appeal from the District Court of the United States for the Northern District of Illinois. STATEMENT BY JENKINS, DISTRICT JUDGE. In Admiralty. The tug F. II. Stanwood, on the 18th day of September, 1890, and within the admiralty jurisdiction, negligently collided with and sank the canal propeller Whale. The crew of the tug consisted of three persons, a pilot, an engineer, and a fireman- On the 20th of September, 1890, the owner of the Whale filed his libel in the district court, seeking reparation for the wrong. The Stanwood was arrested, and afterwards, under decree of the court, sold by…
1Opinion of the Court
Jenkins, District Judge,
(after stating the facts.) The record presents for consideration the single question whether a maritime lien arising out of damage done in a collision caused by negligent navigation should be subordinated, with respect to its payment, to the maritime lien of the , crew of the offending vessel 'for wages earned by them on board of such vessel. It is undoubted, as a general rule, that, as against claims arising ex contractu, the claim for seamen’s wages is preferred. This is stated to arise out of the needed protection extended by the admiralty *578to a class of men…
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