Giles v. Vigoreux
Supreme Judicial Court of Maine
On Pacts agreed. Assumpsit, for the plaintiff’s wages as a sailor on board the schooner Mary. The defendant owned the schooner, arid let her to one Partridge the master, upon a contract that Partridge was to have the use and control of her; to victual and man her at his own expense ; to employ her as he should choose ; and to pay the plaintiff one half her earnings, deducting half of port charges.
Read the full summary
On Pacts agreed. Assumpsit, for the plaintiff’s wages as a sailor on board the schooner Mary. The defendant owned the schooner, arid let her to one Partridge the master, upon a contract that Partridge was to have the use and control of her; to victual and man her at his own expense ; to employ her as he should choose ; and to pay the plaintiff one half her earnings, deducting half of port charges. Under that contract Partridge controlled the vessel, using her for coasting purposes, and hired the plaintiff as a sailor on a trip from Gardiner to Boston. The trip was made and freight was earned.…
1Opinion of the CourtWells, J.
— During the time the services were performed -by the plaintiff, the schooner was let by the defendant to the master, Welcome Partridge, who was to victual and man her at his own expense, was to have and did have the use and control of her, to employ her as he should choose, and to pay the owner one half her earnings, deducting one half of the port charges. The plaintiff was employed by Partridge.
The law appears to be well settled by numerous decisions, *301that the general owner of a vessel is not liable for shipments, or for supplies obtained by the master, who has the control of a vessel under…
2Cases cited2 opinions
- Goodridge v. LordMassachusetts Supreme Judicial Court · 1813
- Aspinwall v. BartletMassachusetts Supreme Judicial Court · 1812