Wilson v. Bragdon
Massachusetts Supreme Judicial Court
Assumspit for the wages of a seaman. In a cáse stated by the parties, it was agreed that the plaintiff shipped on board the brig Cornelius, at York, on the 25th of April, 1810, for the monthly wages of twenty dollars, the defendant being the master thereof. The brig was bound for Gottenburg and a market, and back to the United States. On her return from St. Petersburg, she touched at Elsineur, where were several American vessels, also bound home.
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Assumspit for the wages of a seaman. In a cáse stated by the parties, it was agreed that the plaintiff shipped on board the brig Cornelius, at York, on the 25th of April, 1810, for the monthly wages of twenty dollars, the defendant being the master thereof. The brig was bound for Gottenburg and a market, and back to the United States. On her return from St. Petersburg, she touched at Elsineur, where were several American vessels, also bound home. A number of Danish and French privateers being there, and committing frequent depredations on the vessels of the United States, a consultation was…
1Opinion of the Court
By the Court.
The plaintiff is entitled to his wages up to the 20th of November, when the vessel arrived at her port of discharge. By going as a volunteer on board the Augustus, he assumed the risk of a longer detention, (a)
ADDITIONAL NOTE.
[See Harris vs. Ive, 1 Har. Woll, 238. — Jessee vs. Roy, 1 C. M. & R. 263.— Sherman vs. Bennett, M. & M. 849. — F. H.]
[In Brooks vs. Dorr & Al., (2 Mass. Rep. 39,) where the mariner was taken from the ship by the captors, and never returned to the ship after she had been released, but went home as soon as he was able so to do, it was held that he was…
2Cases cited6 opinions
- Brooks v. DorrMassachusetts Supreme Judicial Court · 1806
- Spafford v. DodgeMassachusetts Supreme Judicial Court · 1817
- Locke v. SwanMassachusetts Supreme Judicial Court · 1816
- Hooper v. PerleyMassachusetts Supreme Judicial Court · 1814
- Luscomb v. PrinceMassachusetts Supreme Judicial Court · 1815
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Shindelbeck v. MoonOhio Supreme Court · 1877