Longstreet v. Steam-Boat R. R. Springer
District Court, S.D. Ohio
In Admiralty. Hearing on libel, answer and testimony. The libel alleged that on December 13, 1879, the master engaged tbe libellant as fireman on the Springer for the trip from Cincinnati to New Orleans and return, at the wages of $85 per month; that he entered upon his duties as such fireman, and that on December 17, 3879, while in the performance of the same, he was directed by said master to disengage a tree that had caught in one of the wheels of said steam-boat, and…
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In Admiralty. Hearing on libel, answer and testimony. The libel alleged that on December 13, 1879, the master engaged tbe libellant as fireman on the Springer for the trip from Cincinnati to New Orleans and return, at the wages of $85 per month; that he entered upon his duties as such fireman, and that on December 17, 3879, while in the performance of the same, he was directed by said master to disengage a tree that had caught in one of the wheels of said steam-boat, and while occupied in disengaging said tree, without any fault or negligence on his part, his arm was caught between said tree…
1Opinion of the Court
Swing, D. J.
The evidence, I believe, establishes an employment for a month. But even if the fact was otherwise, and there was no express agreement as to the length of the employment, the law would imply that it was for the trip.. Worth v. Steam-boat Lioness No. 2, 3 Fed. Rep. 922; Jansen *672v. The Heinrich, Crabbe, 226. The trip baying occupied a month, it makes no difference which way it is treated.
As to the question of injury: The libellant was directed by the captain, or some other superior officer of the boat, to remove the obstruction from the wheel. It was a perilous undertaking; he used…
2Cases cited5 opinions
- Reed v. CanfieldU.S. Circuit Court for the District of Massachusetts · 1832
- Sevey v. BlacklinMassachusetts Supreme Judicial Court · 1807
- Foster v. Territory of WashingtonWashington Supreme Court · 1890
- The North AmericaDistrict Court, E.D. New York · 1872
- Neilson v. The LauraDistrict Court, D. California · 1872
3Cited by5 opinions
- Enochasson v. Freeport Sulphur Co.District Court, S.D. Texas · 1925
- Pacific Mail S. S. Co. v. LucasCourt of Appeals for the Ninth Circuit · 1920
- Olsen v. WhitneyDistrict Court, N.D. California · 1901
- James Joyce v. Maersk Line LtdCourt of Appeals for the Third Circuit · 2017
- Young v. The Vessel Alcoa CorsairDistrict Court, S.D. Alabama · 1960