Cushman v. Ryan
U.S. Circuit Court for the District of Massachusetts
Suit in the admiralty in a cause of damage. The libel in substance stated as follows; That in July, 1839, the libellant, Michael Ryan, shipped on board the ship Arab, ■of which the respondent, Benjamin Cush-man, was master, being then on a whaling voyage.
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Suit in the admiralty in a cause of damage. The libel in substance stated as follows; That in July, 1839, the libellant, Michael Ryan, shipped on board the ship Arab, ■of which the respondent, Benjamin Cush-man, was master, being then on a whaling voyage. That during the continuance of that voyage, and while the ship was off the island of St. Mary’s, the captain came up and inquired of the libellant, how the cook obtained liquor and got drunk, and charged this libellant with giving liquor to the cook, which the libellant denied; whereupon, and without cause, the said Benjamin Cushman, with…
1Opinion of the Court
STOUT, Circuit Justice.
This is the case of an appeal from the district court, in a cause technically called a cause of damage. The libel charges two ■ assaults and batteries as having been committed on the high seas, and within the admiralty jurisdiction of the district court, by the respondent, Cushman, master of the whaling ship Arab, upon the libellant, Ryan, the steward of the ship; and the particulars are set forth articulately in the libel; the answer does not deny the assaults and batteries charged in the libel; but it does deny many of the circumstances of aggravation, and insists,…
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