Chandler v. Doody
Massachusetts Supreme Judicial Court
Contract on the St. of 1862, c. 176,* against the owners of the brig America, for pilotage; submitted to the judgment of the superior court, and of this court on appeal, upon facts agreed, of which the following is the material part: On March 27, 1867, the America, a British registered brig of three hundred tons burden, owned by British subjects, and not sailing under a coasting license, was off and bound into the port of Boston on a voyage from Halifax, Nova Scotia, under…
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Contract on the St. of 1862, c. 176,* against the owners of the brig America, for pilotage; submitted to the judgment of the superior court, and of this court on appeal, upon facts agreed, of which the following is the material part: On March 27, 1867, the America, a British registered brig of three hundred tons burden, owned by British subjects, and not sailing under a coasting license, was off and bound into the port of Boston on a voyage from Halifax, Nova Scotia, under the command of the defendant Doody as her master, when she was spoken by the plaintiff (who was a duly commissioned pilot…
1Opinion of the CourtChapman, C. J.
If we assume that the plaintiff, being a commissioned pilot, offered his services to the defendant at a proper time and place, (a point which we do not find it necessary to decide,) yet the St. of 1862, c. 176, requires that, in case any vessel liable to pilotage shall refuse to take a pilot,- it shall be the duty of the pilot to inform the vessel that she will be holden to pay the regular fees for pilotage, whether his services are accepted or not. The plaintiff did not give such information; and for this* reason it is contended that this action cannot be maintained. The court are of opinion…
2Cited by2 opinions
- Perkins v. O'MahoneyMassachusetts Supreme Judicial Court · 1881
- Perkins v. BuckleyMassachusetts Supreme Judicial Court · 1876