Legal Opinion

The Guiding Star

District Court, E.D. Kentucky

Decided March 4, 1880PublishedCited by 1 opinion

In admiralty. Exceptions to libel for multifariousness. The libel claimed for the services of libellant as seaman upon a round trip from Madison, Indiana, to New Orleans, and alleged that the master shipped him under a contract to serve as roustabout at one dollar per day, and also “to receive kind and humane treatment, and Ms board or rations during the trip, and to be brought back to Madison.”

Read the full summary

In admiralty. Exceptions to libel for multifariousness. The libel claimed for the services of libellant as seaman upon a round trip from Madison, Indiana, to New Orleans, and alleged that the master shipped him under a contract to serve as roustabout at one dollar per day, and also “to receive kind and humane treatment, and Ms board or rations during the trip, and to be brought back to Madison.” It further alleged that before the completion of the round trip, and near Caseyville, Ky., the mate struck him, “by color of his authority as such mate, several blows upon his head and neck, and…

1Opinion of the CourtBrown, J.

The only question raised by the exceptions is, whether a seaman, in an action in rem, can join a claim for wages with a claim for an assault and battery by an officer of the vessel. Doubtless a court of admiralty may entertain *348jurisdiction in personam, of suits for assaults, and I see no reason to doubt that a seaman may join in an action for wages a claim against the vessel for injuries received by such acts of negligence as the ship is liable for, in a proceeding in rem; but, by General Admiralty Eule 16, “in all suits for an assault or beating on the high seas, or elsewhere within the…

2Cases cited2 opinions

  1. Anderson v. RossDistrict Court, D. California · 1871
  2. Treadwell v. JosephU.S. Circuit Court for the District of Massachusetts · 1833

3Cited by1 opinion

  1. The VueltabajoDistrict Court, S.D. Alabama · 1908

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API