Thomas v. Gray
District Court, S.D. New York
In admiralty. This was a libel in person-am, by [William Thomas] a seaman against [Cadwallader Gray] a master for the recovery of wages, and of damages for an aggravated assault and wounding by shooting with a pistol. The libel was filed on the 5th of June, and the process sued out was returnable on the 7th of July. On the 25th of June, a supplemental libel, by way of amendment, was filed.
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In admiralty. This was a libel in person-am, by [William Thomas] a seaman against [Cadwallader Gray] a master for the recovery of wages, and of damages for an aggravated assault and wounding by shooting with a pistol. The libel was filed on the 5th of June, and the process sued out was returnable on the 7th of July. On the 25th of June, a supplemental libel, by way of amendment, was filed. The original libel set out a contract of hiring by the month, and claimed $32 and upwards as due for wages. The amended libel alleged, that the libellant had shipped for six months, and claimed wages for…
1Opinion of the Court
BETTS, District Judge.
Two objections of a preliminary character are taken on the part of the respondent — one as to the effect of the supplemental libel and the admissibility of proofs under the issue, as it is formed, and the other to the jurisdiction of the court with respect to the assault and wounding. The original libel was filed on the 5th of June On the 25th, an amendment was filed, introducing the allegations, that the libellant was compelled, by the cruel treatment of the master, to leave the vessel, and is, therefore, entitled to wages for the full period of six months. The original…
2Cases cited1 opinion
- Waddington v. United Insurance Co.New York Supreme Court · 1819