Gabrielson v. Waydell
U.S. Circuit Court for the District of Eastern New York
This was an action by diaries G-. Gabrielson against Frederic Waydell and others, owners of the bark Rebecca Garnana, to recover damages for injuries done to the plaintiff by the master of the bark. A verdict was rendered for the plaintiff. Defendants moved in arrest of judgment.
1Opinion of the Court
WHEELER, District Judge.
The principal question in this case is whether the defendants, as owners of the baric Rebecca Caruana, are liable to the plaintiff, a seaman, for injuries violently done to him when sick, by the master, on the high seas. The plaintiff brought suit in the courts of the state for the same injuries, and a judgment in his favor was reversed by the court of appeals as not maintainable against the defendants. Gabrielson v. Waydell, 135 N. Y. 1, 31 N. E. 969. A judgment on default was afterwards taken by the defendants in the court below for their costs. That judgment is set…
2Cases cited7 opinions
- Campbell v. HaverhillSupreme Court of the United States · 1895
- Chicago, Milwaukee & St. Paul Railway Co. v. RossSupreme Court of the United States · 1884
- Harden v. GordonU.S. Circuit Court for the District of Maine · 1823
- Metcalf v. WatertownSupreme Court of the United States · 1894
- Peterson v. The ChandosDistrict Court, D. Oregon · 1880
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Cain v. Alpha SS CorporationCourt of Appeals for the Second Circuit · 1929
- Olson v. Oregon Coal & Navigation Co.Court of Appeals for the Ninth Circuit · 1900
- Kenney v. LouieCourt of Appeals for the Ninth Circuit · 1904
- Kerrigan v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1902
- The Lizzie BurrillDistrict Court, S.D. Alabama · 1902
4 more not listed; retrieve them via the Exa API.