Nieto v. Clark
U.S. Circuit Court for the District of Massachusetts
[Appeal from the district court of the United States for the district of Massachusetts.] On the 29th of October, 1859, the libellant [Manuel Nieto] shipped as steward on board tile bark Evangeline, of which the respondent [William R. Clark] was master, for a Voyage to Valparaiso and other ports in the Pacific Ocean, and back to Boston. At Valparaiso a lady engaged a passage to the United States.
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[Appeal from the district court of the United States for the district of Massachusetts.] On the 29th of October, 1859, the libellant [Manuel Nieto] shipped as steward on board tile bark Evangeline, of which the respondent [William R. Clark] was master, for a Voyage to Valparaiso and other ports in the Pacific Ocean, and back to Boston. At Valparaiso a lady engaged a passage to the United States. While the vessel was lying at Tal-cahuano, Chili, the libellant, in the nighttime entered the lady’s state-room, attempted a rape, and behaved with indecency in the lady’s presence. Upon complaint to…
1Opinion of the Court
CLIFFORD, Circuit Justice.
All the evidence of the libellant’s misconduct arises from his own confession to the mate of - the Evangeline, who accompanied him on shore at the time he was discharged. His testimony is to the effect that, while they were going on shore, he asked the libellant why he went into the state-room of the lady, and that the libellant replied that it was because he wanted to get clear of the ship. Both question and answer clearly indicate that he had full knowledge of the complaint made against him, and they also warrant the conclusion that his misconduct was well known to…
2Cited by10 opinions
- Stewart v. . Brooklyn and Crosstown R.R. Co.New York Court of Appeals · 1882
- Gillespie v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1904
- Dwinelle v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1890
- Dwinelle v. New York Central & Hudson River RailroadNew York Court of Appeals · 1890
- Malecek v. Tower Grove & Lafayette Railway Co.Supreme Court of Missouri · 1874
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