Legal Opinion

Dolliver v. Parks

Massachusetts Supreme Judicial Court

Decided February 28, 1884PublishedCited by 8 opinions

Contract against the owner of a vessel, for pilotage. Trial in the Superior Court, without a jury, before Staples, J., who allowed a bill of exceptions, in substance as follows : The plaintiff introduced evidence tending to show that said vessel was of 219 tons burden, and hailed from, the port of Windsor, Nova Scotia; that on the morning of September 23, 1882, she was four miles east of Boston Light, on pilotage grounds, and then on a voyage from said Windsor to Boston, and…

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Contract against the owner of a vessel, for pilotage. Trial in the Superior Court, without a jury, before Staples, J., who allowed a bill of exceptions, in substance as follows : The plaintiff introduced evidence tending to show that said vessel was of 219 tons burden, and hailed from, the port of Windsor, Nova Scotia; that on the morning of September 23, 1882, she was four miles east of Boston Light, on pilotage grounds, and then on a voyage from said Windsor to Boston, and drawing thirteen feet of water; that the plaintiff then and there duly tendered to her his services as pilot; and that…

1Opinion of the CourtColburn, J.

The first question to be determined in this case is the sufficiency of the official bond given by the plaintiff. The St. of 1862, c. 176, § 19, (Pub. Sts. c. 70, § 17,) provides that “ no person shall receive a commission or exercise the office of pilot until he has given to the treasurer of the Commonwealth a bond with two sureties in the penal sum of one thousand dollars,” &c. The sureties on the bond are to be satisfactory to the commissioners of pilots, but they have no authority to approve the form of the bond.

We are of opinion that the statute requires a bond for $1000, with two…

2Cases cited4 opinions

  1. State v. CarrollSupreme Court of Connecticut · 1871
  2. Fowler v. BebeeMassachusetts Supreme Judicial Court · 1812
  3. Dolan v. Mayor of New YorkNew York Court of Appeals · 1877
  4. People ex rel. Winstanley v. WeberIllinois Supreme Court · 1878

3Cited by8 opinions

  1. In re PringleHawaii Supreme Court · 1915
  2. Gibbs v. ManchesterSupreme Court of New Hampshire · 1905
  3. Garfield Township v. CrockerSupreme Court of Kansas · 1901
  4. Short v. SymmesMassachusetts Supreme Judicial Court · 1889
  5. Drach v. LeckenbySupreme Court of Colorado · 1918

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