Legal Opinion

The Erskine M. Phelps

Court of Appeals for the Ninth Circuit

Decided May 31, 1904No. 1,014PublishedCited by 14 opinions

Appeal from the District Court of the United States for the District of Hawaii.

1Opinion of the Court

GILBERT, Circuit Judge.

The appellee was an able-bodied seaman on the Erskine M. Phelps, a full-rigged four-masted ship of 2,715 registered tons, which sailed on May 1, 1903, from the port of Norfolk, Va., bound for the port of Honolulu, Plawaiian Islands. On July 15, 1903, while in latitude 58° 29' south, longitude 65° 30' west, a little to the southward and westward of Cape Horn, the ship encountered *2very heavy gales, and was laboring heavily. About 6 o’clock in the evening, when the ship had just come about, and while the men were hauling at the forebraces, a large wave came over the port…

2Cases cited1 opinion

  1. The IroquoisCourt of Appeals for the Ninth Circuit · 1902

3Cited by14 opinions

  1. Rogers v. Penobscot Mining Co.Court of Appeals for the Eighth Circuit · 1907
  2. Swift v. Black Panther Oil & Gas Co.Court of Appeals for the Eighth Circuit · 1917
  3. M. Rutkin Elect. Sup. Co. v. Burdette Elect.New Jersey Superior Court Appellate Division · 1967
  4. Smith v. Metropolitan Life Ins. Co.New Jersey Superior Court Appellate Division · 1954
  5. United States v. MarrinDistrict Court, E.D. Pennsylvania · 1909

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