Pacific Mail S. S. Co. v. Iverson
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the Territory of Hawaii. In August, 1905, a crew was shipped on the appellant’s steamship Barracuda at San Francisco for a voyage of nine months to Siberia and return. The Barracuda carried salt, a contraband of war, and was captured by the Japanese and taken with her crew to a Japanese port. The crew were subsequently released in the city of Yokohama.
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Appeal from the District Court of the United States for the Territory of Hawaii. In August, 1905, a crew was shipped on the appellant’s steamship Barracuda at San Francisco for a voyage of nine months to Siberia and return. The Barracuda carried salt, a contraband of war, and was captured by the Japanese and taken with her crew to a Japanese port. The crew were subsequently released in the city of Yokohama. There they were furnished by the captain of the Barracuda with steerage transportation from that port to San Francisco on the Mongolia, another of the appellant’s steamships. On October…
1Opinion of the CourtGilbert, Circuit Judge
The appellant contends that the decision of the court below is against the evidence in the case and contrary to law and equity. The appel-lees had shipped on the Barracuda for a nine months’ voyage. That voyage having been interrupted by the confiscation of their ship, they were entitled to be returned to San Francisco at the cost of the appellant. The appellant, recognizing this liability, furnished them transportation. from Yokohama to San Francisco on another of its ships, the Mongolia. In view of the fact that the term for which the ap-pellees had shipped had not expired, and would not…
2Cases cited3 opinions
- Jacobsen v. Lewis Klondike Expedition Co.Court of Appeals for the Ninth Circuit · 1901
- Dennis v. EddyU.S. Circuit Court for the District of Northern New York · 1874
- Simpson v. One Hundred & Ten Sticks of Hewn TimberDistrict Court, E.D. New York · 1881
3Cited by5 opinions
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- Weel v. United StatesDistrict Court, E.D. New York · 1946
- Molinos v. The Rio GrandeDistrict Court, E.D. Virginia · 1955
- Standard Steamship Co. v. United StatesDistrict Court, D. Delaware · 1954