Farrel v. M'Clea
Pennsylvania Court of Common Pleas, Philadelphia County
THIS was an action brought by the Plaintiff to recover his wages as mate of a vessel, or which the Defendant was master, and one Sadlier was the owner.
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THIS was an action brought by the Plaintiff to recover his wages as mate of a vessel, or which the Defendant was master, and one Sadlier was the owner. On the trial, it appeared, that the Defendant, having cited the Plaintiff to shew his cause of action, acknowledged before the Judge at his chambers, that he was captain of the vessel during the time for which the wages were claimed; but then he insisted, that he had never engaged the Plaintiff, who, as he laid, was shipped on a contract with the owner. To prove the time of service, the following certificate, subscribed by the Defendant was…
1Opinion of the Court
Shippen, President,
in delivering the charge of the Court, adverted to the nature of the evidence on which the case was established, and instructed the Jury to take the whole together, unless they should think, that there were circumstances in the Defendant’s confession, which rendered the part in his own favor inconsistent or improbable.
But, even admitting the fact, that the Plaintiff had been shipped by the owner, his Honor stated, that the captain was liable; for, the law gave the Plaintiff a threefold remedy to recover his wages; and, unless by some positive act, or word, he had released…
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