Ely v. Peck
Supreme Court of Connecticut
This was an action brought on a statute law of the United States, entitled “ an act for the government and regulation of seamen in the merchants’ service,” to recover the damages, which the plaintiff, as owner of the schooner Defiance, had sustained, by the desertion of the defendant.
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This was an action brought on a statute law of the United States, entitled “ an act for the government and regulation of seamen in the merchants’ service,” to recover the damages, which the plaintiff, as owner of the schooner Defiance, had sustained, by the desertion of the defendant. The declaration, after reciting a part of the 5th section of the act referred to, stated, That on the 1st of June, 1825, the plaintiff hired of the owners the schooner Defiance, for a voyage from New-London to Oporto in Portugal and elsewhere, by virtue ol a contract of charter-party executed by them and…
1Opinion of the CourtPeters, J.
The declaration presents three questions. 1. Was the defendant a “seaman or mariner” within the purview of the statute ? 2. Does the agreement made by the plaintiff with the defendant sufficiently declare the voyage and time for which he was shipped ? 3. Are the facts alleged cognizable by any court of this state ?
1. The act of Congress speaks of two classes of persons belonging to vessels, viz. officers and crew. Officers are the master and mate Mate is the first officer under the master, and is thus defined by Walker: “ The second in subordination, as the master’s mate ” The crew are styled…
2Cases cited1 opinion
- Martin v. Hunter's LesseeSupreme Court of the United States · 1816
3Cited by11 opinions
- Huntington v. AttrillSupreme Court of the United States · 1892
- Hoxie v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1909
- Levin v. United StatesCourt of Appeals for the Eighth Circuit · 1904
- Bowles v. Barde Steel Co.Oregon Supreme Court · 1945
- People v. SweetmanNew York Supreme Court · 1857
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