Gabrielson v. . Waydell
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Few York, entered upon an order made October 16, 1891, which affirmed an order denying a motion for a new trial, overruled defendants’ exceptions ordered to be heard in the first instance at General Term, and directed judgment upon a verdict in favor of plaintiff.
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Appeal from judgment of the General Term of the Superior Court of the city of Few York, entered upon an order made October 16, 1891, which affirmed an order denying a motion for a new trial, overruled defendants’ exceptions ordered to be heard in the first instance at General Term, and directed judgment upon a verdict in favor of plaintiff. This action was brought to recover damages against the owners and captain of a vessel upon which plaintiff had shipped as an able seaman, and while in such service, had received grave injuries. During a.voyage from the West Indies to the United States,…
1DissentMaynard, J.
Under the maritime law, the master of the ship has plenary powers as the agent and representative of the owners. He selects, hires and discharges the seamen at his pleasure. He has supreme con,trol of the management and navigation of the vessel, with which even the owners themselves, if present, cannot interfere. He determines all matters relating to the discipline of the crew, and the kind of punishment to be inflicted for disobedience of orders, or for a breach of maritime regulations, and when and by what instrumentality it shall be administered. While on ship-board his word is law, and he…
2Cases cited7 opinions
- Harden v. GordonU.S. Circuit Court for the District of Maine · 1823
- Crispin v. . BabbittNew York Court of Appeals · 1880
- Scarff v. . MetcalfNew York Court of Appeals · 1887
- Ward v. AmesNew York Supreme Court · 1812
- Benson v. GoodwinMassachusetts Supreme Judicial Court · 1888
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