Capillo v. Bristol Packing Co.
District Court, N.D. California
In Admiralty. Libel by seaman to recover wages.
1Opinion of the Court
DE HAVEN, District Judge.
It is shown by the evidence that the libelant was not competent to properly discharge the duties of *440cook,'for which service he-shipped.' The master of the defendant was not, however, justified in discharging the libelant in a distant port in Alaska for that reason. The contract of the libelant was to serve as' cook on the Geneva for the round trip from San Francisco to'Bristol Bay, in Alaska, and return. “When a mariner contracts for a particular service or duty on board a vessel, he engages both for fidelity in the performance of that duty, and for that capacity and…
2Cited by3 opinions
- Hansen v. Donna Lane Motor Ship Corp.District Court, W.D. Washington · 1924
- Mattes v. Standard Transp. Co.District Court, S.D. New York · 1921
- McAvey v. Emergency Fleet Corp.District Court, D. Massachusetts · 1926