The Iroquois
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the Northern District of California. The appellee was an able-bodied seaman, and one of the crew of the American ship Iroquois, laden with general merchandise, on a voyage from New York to San Francisco.
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Appeal from the District Court of the United States for the Northern District of California. The appellee was an able-bodied seaman, and one of the crew of the American ship Iroquois, laden with general merchandise, on a voyage from New York to San Francisco. On February 23, 1900, while assisting in furling the main sail during a gale, he accidentally, and without fault of his own or fault of the ship, fell from the main yard to the deck, and sustained a fracture of two ribs and of both bones of his right leg below the knee. The vessel was then a few miles to the southward of Cape Horn, in…
1Opinion of the CourtGilbert, Circuit Judge
We entertain no doubt, in view of the evidence in the case and the law applicable thereto, that it was the duty of the master to bear away to some port of distress as soon as possible after the occurrence of the accident. There were several ports to which the appellee might have been taken for surgical treatment. The vessel could havq returned to Port Stanley, the chief port of the East Falkland Island. The district court found that to have réturned there would have involved a loss of time of three or four weeks, and in so finding made, we think, more than liberal allowance for probable delay…
2Cases cited4 opinions
- Robertson v. BaldwinSupreme Court of the United States · 1897
- Reed v. CanfieldU.S. Circuit Court for the District of Massachusetts · 1832
- Burgess v. Equitable Marine InsuranceMassachusetts Supreme Judicial Court · 1878
- Bond v. The CoraU.S. Circuit Court for the District of Pennsylvania · 1807
3Cited by9 opinions
- Lexington Insurance Co. v. Cooke's Seafood, Snooper Fleet, Inc.Court of Appeals for the Eleventh Circuit · 1988
- Kenney v. LouieCourt of Appeals for the Ninth Circuit · 1904
- The Erskine M. PhelpsCourt of Appeals for the Ninth Circuit · 1904
- Aurora Shipping Co. v. BoyceCourt of Appeals for the Ninth Circuit · 1911
- The M. E. LuckenbachDistrict Court, E.D. Virginia · 1909
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