Rosenberg v. Doe
Massachusetts Supreme Judicial Court
Contract by a seaman against the master of a vessel, to recover a balance of wages alleged to be due. The answer denied liability, and set up a release, executed before a shipping commissioner, under the U. S. Rev. Sts. § 4552. After the former decision, reported 146 Mass. 191, the case was again tried in the Superior Court, before Thompson, J., who allowed a bill of exceptions, in substance as follows. Evidence was introduced tending to prove the following facts.
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Contract by a seaman against the master of a vessel, to recover a balance of wages alleged to be due. The answer denied liability, and set up a release, executed before a shipping commissioner, under the U. S. Rev. Sts. § 4552. After the former decision, reported 146 Mass. 191, the case was again tried in the Superior Court, before Thompson, J., who allowed a bill of exceptions, in substance as follows. Evidence was introduced tending to prove the following facts. The plaintiff was a Finnish sailor, who could not read or write the English language, and spoke it very imperfectly. In June,…
1Opinion of the CourtHolmes, J.
This is an action by a seaman for wages. One defence is a release under U. S. Rev. Sts. § 4552. Rosenberg v. Doe, 146 Mass. 191. When the plaintiff signed the release the master was absent; the plaintiff manifestly could not speak or read English well enough to understand the nature of the instrument; the jury might have found that the commissioner knew that he could not; the commissioner did not read or explain the release to him, but, according to the plaintiff’s evidence, told him to sign, and that he could go to the master afterwards. This last evidence was contradicted, but the jury…
2Cases cited3 opinions
- Rosenberg v. DoeMassachusetts Supreme Judicial Court · 1888
- Burns v. LaneMassachusetts Supreme Judicial Court · 1885
- Inhabitants of West Bridgewater v. Inhabitants of WarehamMassachusetts Supreme Judicial Court · 1885
3Cited by11 opinions
- Cellucci v. Sun Oil Co.Massachusetts Appeals Court · 1974
- Och v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1895
- Bliss v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1894
- Wagner v. National Life Ins. Co. of MontpelierCourt of Appeals for the Sixth Circuit · 1898
- Windram v. FrenchMassachusetts Supreme Judicial Court · 1890
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