Calvin v. Huntley
Massachusetts Supreme Judicial Court
Two Actions OE conteact against the owner and master of the coasting schooner William J. Lipsett, each to recover a sum equal in amount to one month’s wages, in addition to wages earned by the plaintiff at the time of his alleged wrongful discharge by the defendant.
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Two Actions OE conteact against the owner and master of the coasting schooner William J. Lipsett, each to recover a sum equal in amount to one month’s wages, in addition to wages earned by the plaintiff at the time of his alleged wrongful discharge by the defendant. Writ dated August 10,1899. The declaration in each case alleged, that the plaintiff shipped at Philadelphia on August 1, 1899, for a coasting voyage between the port of Philadelphia and the port of New Bedford, and by the shipping articles bound himself to serve upon the schooner William J. Lipsett, of which the defendant was…
1Opinion of the CourtHammond, J.
In each of these actions the plaintiff, a seaman, seeks to recover against the master of the vessel the wages earned by him up to the time of his discharge, and in addition thereto a sum equal in amount to one month’s wages, as provided in U. S. Rev. Sts. § 4527. The cases are before us on appeals from a judgment of the Superior Court dismissing them for want of jurisdiction.
While a seaman may maintain a libel in the admiralty court for his wages, he can also maintain at his election an action at common law against the master or owner of the vessel. Temple v. Turner, 123 Mass. 125, 128, and…
2Cases cited5 opinions
- Claflin v. HousemanSupreme Court of the United States · 1876
- Leon v. GalceranSupreme Court of the United States · 1871
- Crocker v. Marine National BankMassachusetts Supreme Judicial Court · 1869
- Temple v. TurnerMassachusetts Supreme Judicial Court · 1877
- Smith v. OakesMassachusetts Supreme Judicial Court · 1886
3Cited by23 opinions
- Life & Casualty Ins. Co. of Tenn. v. McCraySupreme Court of the United States · 1934
- Cox v. . Lykes BrothersNew York Court of Appeals · 1924
- Nordling v. JohnstonOregon Supreme Court · 1955
- Sipe v. Amerada Hess Corp.Court of Appeals for the Third Circuit · 1982
- The Steel TraderSupreme Court of the United States · 1928
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