Legal Opinion

The Ben Flint

District Court, D. Wisconsin

Decided January 15, 1867PublishedCited by 14 opinions

[In admiralty. Libel by Stephen Morgan against the schooner Ben Flint for expenses of curing libellant of injuries received in service of the vessel.] [This schooner was employed in transporting lumber from ports on Lake Michigan, in the state of Michigan, to the port of Chicago, in the state of Illinois. Libellant was a seaman on board during the summer of 1866, but contracted before departure on each voyage at the rate of the then current wages.

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[In admiralty. Libel by Stephen Morgan against the schooner Ben Flint for expenses of curing libellant of injuries received in service of the vessel.] [This schooner was employed in transporting lumber from ports on Lake Michigan, in the state of Michigan, to the port of Chicago, in the state of Illinois. Libellant was a seaman on board during the summer of 1866, but contracted before departure on each voyage at the rate of the then current wages. In the month of September he shipped on board, at Chicago, as seaman for the round trip, from there to Manistee, in Michigan, and back, at the rate…

1Opinion of the Court

MILLER, District Judge.

It is contended that the officers of the vessel had neglected their duty in not fastening to the main mast the blocks upon which the boom rested. This, I think, is not tenable. The blocks were placed against the main mast in the usual manner, known to all on board, merely for the temporary support of the boom. The object of the elevation of the boom, and the existence of the passage way, were equally well known. If no passage way had existed, or if libellant had been required or ordered to pass under the boom, — -in either case the vessel would be in fault in not…

2Cited by14 opinions

  1. The OsceolaSupreme Court of the United States · 1903
  2. Warren v. United StatesSupreme Court of the United States · 1951
  3. Veronica Cox, Administratrix of the Estate of William D. Cox, in No. 74-1609 v. Dravo Corporation, in No. 74-1576Court of Appeals for the Third Circuit · 1975
  4. Whitney v. OlsenCourt of Appeals for the Ninth Circuit · 1901
  5. The A. HeatonU.S. Circuit Court for the District of Massachusetts · 1890

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