The M. M. Caleb
District Court, S.D. New York
This was a libel by Edward J. Dunn, for seaman’s wages. The libellant alleged that he was hired as deck hand on the tug, on November 18th, 1876, at $30 a month and found, that he served on board as such till November 29th, when the tug sank at a pier, and that she was raised on December 9th, when he went aboard again and served till January 13th, 1877. He claimed to recover $93.75. The owners of the tug alleged that the libellant’s wages were but $20 a month; that he was…
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This was a libel by Edward J. Dunn, for seaman’s wages. The libellant alleged that he was hired as deck hand on the tug, on November 18th, 1876, at $30 a month and found, that he served on board as such till November 29th, when the tug sank at a pier, and that she was raised on December 9th, when he went aboard again and served till January 13th, 1877. He claimed to recover $93.75. The owners of the tug alleged that the libellant’s wages were but $20 a month; that he was discharged when the boat sank; that, after she was raised, he did some work on board, in repairing her, &c., but not as a…
1Opinion of the Court
BLATCHFORD, District Judge.
The li-bellant is entitled, I think, to half a month’s wages at $30 a month. I think the sinking of the boat put an end to the contract for his services as a deck hand, and that this court has no jurisdiction in respect of the services he rendered after the boat sank and after she was raised. I, therefore award, to the libellant $15. The claimants deposited in court $24.50, to meet the claim made in this suit, exclusive of costs. As the libel-lant refused to accept that sum, I cannot award costs to the libellant. Therefore, I cannot allow the libellant or his…
2Cited by1 opinion
- Holt v. CummingsSupreme Court of Pennsylvania · 1883