Oxnard v. Dean
Massachusetts Supreme Judicial Court
This was an action of the case, for- the plaintiff’s wages as a mariner, on board the schooner Albert, owned by the' defendants, from the 16th of June, 1811, to the 7th of January, 1812. The general issue being pleaded and joined, the same was tried at the last October term, in this county, before Thatcher, J. The plaintiff, to support the issue on his part, proved that he shipped as a seaman, June 16, 1811, on board the schooner Albert, of which the defendants were owners,…
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This was an action of the case, for- the plaintiff’s wages as a mariner, on board the schooner Albert, owned by the' defendants, from the 16th of June, 1811, to the 7th of January, 1812. The general issue being pleaded and joined, the same was tried at the last October term, in this county, before Thatcher, J. The plaintiff, to support the issue on his part, proved that he shipped as a seaman, June 16, 1811, on board the schooner Albert, of which the defendants were owners, to perform a voyage to one or more ports in the West Indies and back to the United States, at the monthly wages of…
1Opinion of the CourtSewall, J.
The question to be decided respects altogether the assessment of damages. The plaintiff’s right of action is admitted ; and as to the damages, the plaintiff’s wages, from his shipment until the completion of the outward voyage, are admitted to be due. The plaintiff insists on his wages reckoned until his return to Portland, and *154he has obtained a verdict to that extent, notwithstanding the inter ruption and entire failure of the homeward voyage, and the loss of the vessel and freight. His demand is argued upon the ground that the failure of the homeward voyage, and the loss of the vessel,…
2Cases cited4 opinions
- Arfridson v. LaddMassachusetts Supreme Judicial Court · 1815
- Willard v. DorrU.S. Circuit Court for the District of Massachusetts · 1823
- Emerson v. HowlandU.S. Circuit Court for the District of Massachusetts · 1816
- The SaratogaU.S. Circuit Court for the District of Massachusetts · 1814
3Cited by6 opinions
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- Wellington v. StrattonMassachusetts Supreme Judicial Court · 1814
- Lemon v. WalkerMassachusetts Supreme Judicial Court · 1812
- Memphis Gayoso Gas Co. v. WilliamsonTennessee Supreme Court · 1872
- Memphis Gayoso Gas Co. v. WilliamsonTennessee Supreme Court · 1872
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