The C. F Sargent
District Court, D. Washington
Libel in rem to recover wages under a contract to serve as able seamen on a voyage from Tacoma to Honolulu; thence to San Francisco, the port of final discharge, either direct, or via one or more ports on the Pacific Coast, for a term of time not exceeding nine calendar months. The vessel proceeded on said voyage from Tacoma to Honolulu, where cargo was discharged, and returned in ballast from Honolulu to Seattle, where cargo was taken on for San Francisco.
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Libel in rem to recover wages under a contract to serve as able seamen on a voyage from Tacoma to Honolulu; thence to San Francisco, the port of final discharge, either direct, or via one or more ports on the Pacific Coast, for a term of time not exceeding nine calendar months. The vessel proceeded on said voyage from Tacoma to Honolulu, where cargo was discharged, and returned in ballast from Honolulu to Seattle, where cargo was taken on for San Francisco. The libelants left the ship at Seattle without the master’s consent, and they claim that, upon a proper construction of their contract,…
1Opinion of the Court
HANFORD, District Judge.
In the testimony and the argument there appears to have been a contention as to whether or not the forecastle where the men slept in the ship was heated and made comfortable as required by existing laws, but no complaint or request respecting that matter was made to the captain. Therefore, whatever the fact may .be as to the actual condition of the sailors’ quarters, the libelants were not justified in leaving the vessel on account of any such defect.
The libelants’ demand, as set forth in their libel, is for the amount of wages which they respectively earned by service…
2Cases cited1 opinion
- Diochet v. The OccidentalDistrict Court, D. Washington · 1898
3Cited by4 opinions
- Hamilton v. United StatesCourt of Appeals for the Fourth Circuit · 1920
- Smith v. United StatesDistrict Court, D. Maryland · 1946
- Heino v. Libby, McNeill & LibbyWashington Supreme Court · 1921
- The MermaidDistrict Court, D. Washington · 1900