Keep v. White
Appellate Division of the Supreme Court of the State of New York
Appeal by the-defendants, Herbert H. White and another, from an interlocutory judgment of the Supreme Court, entered in the office of the clerk of the county of Kings on the 7th day of January, 1921, on the decision of the court, overruling defendants’ demurrers to the complaint and granting leave, on terms, to withdraw such demurrers and to answer within twenty days, rendered after a trial at the Kings Special Term.
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Appeal by the-defendants, Herbert H. White and another, from an interlocutory judgment of the Supreme Court, entered in the office of the clerk of the county of Kings on the 7th day of January, 1921, on the decision of the court, overruling defendants’ demurrers to the complaint and granting leave, on terms, to withdraw such demurrers and to answer within twenty days, rendered after a trial at the Kings Special Term. The complaint avers that on December 8, 1919, plaintiff shipped as a seaman on the Ajax, for a voyage from Marble-head, Mass., to Pango Pango, Samoa, and duly signed shipping…
1Opinion of the Court
Putnam, J.:
As this is a cause of tort (in which the shipping articles are referred to by way of inducement), which occurred at Bermuda, defendants rely on the maritime law (Chelentis v. Luckenbach Steamship Co., 247 U. S. 372), which raises the point whether the tort set forth -is remediable by the maritime law. Of this I have no doubt. The wrong charged is a plain violation of a fundamental duty of the shipmaster toward his crew. (Boston v. Ocean Steamship Co. of Savannah, 197 Mass. 561.) It may be likened to the duty to go into port for medical assistance for an injured seaman, for breach…
2Cases cited6 opinions
- Chelentis v. Luckenbach Steamship Co.Supreme Court of the United States · 1918
- The IroquoisSupreme Court of the United States · 1904
- Scarff v. . MetcalfNew York Court of Appeals · 1887
- Johnson v. Standard Transportation Co.Appellate Division of the Supreme Court of the State of New York · 1919
- Leone v. Booth Steamship Co.Appellate Division of the Supreme Court of the State of New York · 1919
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Tammis v. Panama RailroadAppellate Division of the Supreme Court of the State of New York · 1922
- Foster v. United StatesDistrict Court, S.D. New York · 1957
- Danielsen v. Morse Dry Dock & Repair Co.New York Supreme Court · 1921