Temple v. Turner
Massachusetts Supreme Judicial Court
Two ACTIONS OF CONTRACT, each upon an account annexed, for services on board a vessel, of which the defendant was the master.
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Two ACTIONS OF CONTRACT, each upon an account annexed, for services on board a vessel, of which the defendant was the master. At the trial of the first case in the Superior Court, before Brigham, C. J., the plaintiff testified that he shipped at London, England, upon a ship, of which the defendant was master, at the rate of ¿63 5s. per month in gold; that he had received certain payments of wages; that the defendant still owed him the remainder ; that he served continuously on the ship from the time he shipped until he left. Another witness testified that the defendant discharged the…
1Opinion of the CourtGray, C. J.
The general rule is everywhere recognized that a seaman has a threefold remedy for his wages, against the master, the owner, or the ship, and may proceed, at his election, against either of the three in the admiralty, or against the master or the owner at common law. The Jack Park, 4 C. Rob. 308, 311. Aspinwall v. Bartlet, 8 Mass. 483, 486. Abbott on Shipping, pt. 5, c. 4. 3 Kent Com. 196. “ It is an established rule,” said Dr. Lushington, “so ancient that I know not its origin, that the seamen may recover their wages against the master.” The Salada, Lush. 545, 548. The liability of the…
2Cases cited4 opinions
- Aspinwall v. BartletMassachusetts Supreme Judicial Court · 1812
- United States v. HainesU.S. Circuit Court for the District of Massachusetts · 1829
- Wysham v. RossenNew York Supreme Court · 1814
- Mayo v. HardingMassachusetts Supreme Judicial Court · 1810
3Cited by7 opinions
- Eddy v. O'HaraMassachusetts Supreme Judicial Court · 1882
- The A. HeatonU.S. Circuit Court for the District of Massachusetts · 1890
- Calvin v. HuntleyMassachusetts Supreme Judicial Court · 1901
- Baxter v. DoeMassachusetts Supreme Judicial Court · 1886
- Everett v. United StatesDistrict Court, W.D. Washington · 1921
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