Sorensen v. City of New York and Four Other Cases

SWAN, Chief Judge.

In the above entitled libel 1 2 and four companion libels with which it was consolidated, forty-three seamen brought suit under 46 U.S.C.A. §§ 596 and 597 for overtime wages and penalties. Since all the claims involved substantially the same subj ect matter and questions of law, it was stipulated that the claim of Sorensen should be tried as a test case. • After a trial of Sorensen’s claim a decree was entered dismissing the libels. The libellants have appealed. The question presented is whether a seaman on the city’s sludge boats, who worked on certain days, pursuant to the…