Josselyn v. Gleason
Massachusetts Supreme Judicial Court
Contract against the owners of the brig Carira, to recover pilotage fees. At the trial in the superior court, before Wilkinson, J., it appeared that the plaintiff had piloted out of the port of Boston a vessel which was towed by a steam tug; that on the way back the master of the tug contracted with the master of the Carira, which was inward bound, to tow her up the harbor; that, soon after the tug had taken the Carira in tow, the plaintiff boarded her from the tug, made…
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Contract against the owners of the brig Carira, to recover pilotage fees. At the trial in the superior court, before Wilkinson, J., it appeared that the plaintiff had piloted out of the port of Boston a vessel which was towed by a steam tug; that on the way back the master of the tug contracted with the master of the Carira, which was inward bound, to tow her up the harbor; that, soon after the tug had taken the Carira in tow, the plaintiff boarded her from the tug, made himself known as a pilot, offered his services, and claimed pilotage; that the master of the Carira refused to accept his…
1Opinion of the CourtChapman, C. J.
Under the instructions given them, the jury have found that the plaintiff had the consent of the master of the station boat to offer his services to the defendants’ vessel. Under the regulations contained in the St. of 1862, c. 176, he had a right to make the offer; and if the vessel refused to accept his services, she became liable to pay his fees. No question is made as to the offer having been properly made, if the plaintiff had a right to make it. The instruction prayed for was properly refused. Exceptions overruled.
2Cited by1 opinion
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