Howland v. The Lavinia
District Court, D. Pennsylvania
John Howland was forcibly taken out of the vessel, and carried off by the capturing privateer. The brig was retaken, paid salvage, and returned to Philadelphia, having earned her freight. Wages were claimed for voyage, deducting a proportion of salvage.
1Opinion of the Court
BY THE COURT.
I have so often determined this point, that it is needless to enter into any further discussion of it. It must be settled on appeal by a superior court, if parties are dissatisfied with my opinion. 2
I have cited, on former occasions, principles of the common law, (in which I still believe) in support of the doctrine influencing my judgment. These principles are to be found in the oldest and most venerable common law authorities. I did not exclusively, or in any important degree rely on them; though I call them in as auxiliaries. I am well aware that modern opinions clash on this…
2Cited by2 opinions
- Brown v. HarrisMassachusetts Supreme Judicial Court · 1854
- The ConstantinopleDistrict Court, E.D. New York · 1926