Gabrielson v. Waydell
The Superior Court of New York City
The action was brought by the plaintiff, a seaman, against the defendants, as managing owners of a vessel, to recover damages for an assault committed by the captain of the vessel on the high sea upon the plaintiff. The issues were brought to trial at a jury term. At the close of plaintiff’s evidence the defendants moved for a dismissal of the complaint. The motion was denied.
1Opinion of the CourtFreedman, J.
This is an unusually important case, and as such I have taken great pains to come to a correct conclusion. *675The main question in the case is, whether the managing owners of a vessel can be held liable in damages for an assault committed by the captain on the high sea upon a member of the crew.
It is claimed, in the first place, that such an act is the act of a fellow servant, for which the employer is not liable. In this I cannot concur.
The captain of a ship during a voyage is in full control of the ship. He is the supreme commander, and from the necessities of the case everything necessary to…
2Cases cited4 opinions
- Mott v. . Consumers' Ice CompanyNew York Court of Appeals · 1878
- Stewart v. . Brooklyn and Crosstown R.R. Co.New York Court of Appeals · 1882
- Hoffman v. New York Central & Hudson River RailroadNew York Court of Appeals · 1881
- Hunt v. ColburnDistrict Court, D. Massachusetts · 1853