Scarff v. Metcalf
New York Supreme Court
‘ Appeal from a judgment in favor of the plaintiff, entered on the verdict of a jury, and from an order denying a motion for a new trial, made upon the minutes of the justice before whom the action was tried. The plaintiff was first mate of the bark “ Hattie G. Dixon,” on a voyage from New York to Sagna La Grande, Cuba. The defendant Metcalf was a part owner of the vessel, and the defendant Yates was her master as well as one of the part owners.
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‘ Appeal from a judgment in favor of the plaintiff, entered on the verdict of a jury, and from an order denying a motion for a new trial, made upon the minutes of the justice before whom the action was tried. The plaintiff was first mate of the bark “ Hattie G. Dixon,” on a voyage from New York to Sagna La Grande, Cuba. The defendant Metcalf was a part owner of the vessel, and the defendant Yates was her master as well as one of the part owners. The plaintiff claimed to have received an injury, while in the service of the vessel, to his right leg, which developed into an aneurism of the…
1Opinion of the Court
Barnard, P. J. :
There was no error in the declaration by the judge in his charge to the jury, that the acts of the captain were the acts of the owners. Conceding that there may be such a charter made by the owners to the captain as will make the captain an independent actor in respeet to the ship, the evidence does not show it.
“ I had an agreement with the owners to sail freight on what is known as shares, that is, I to have half the gross stock of earnings of the vessel and pay for the victualing and manning of the vessel and pay the tonnage out of my part of the earnings. Under this…
2Cases cited1 opinion
- Kenzel v. KirkNew York Supreme Court · 1861