Giles v. The Cynthia
District Court, D. Pennsylvania
An American vessel had shipped her hands in Philadelphia, for what is called a trading voyage, having as usual cleared out for the “West Indies” or elsewhere, and to return to Philadelphia. She went to several ports, and finally was wrecked on her way to Jamaica from the Spanish continental possessions, after having been at a port which was at first alleged not to be a port of entry, or place of delivery of a cargo.
Read the full summary
An American vessel had shipped her hands in Philadelphia, for what is called a trading voyage, having as usual cleared out for the “West Indies” or elsewhere, and to return to Philadelphia. She went to several ports, and finally was wrecked on her way to Jamaica from the Spanish continental possessions, after having been at a port which was at first alleged not to be a port of entry, or place of delivery of a cargo. But it turned out that a regular custom-house was there established, and the ship there paid port charges, and passed through the usual forms. The object of the last voyage was to…
1Opinion of the Court
BY
THE COURT.
There can be no doubt of the principle that wages are due to seamen in cases of capture or wreck, to the last port of delivery, and for half the time the vessel stayed there. This is settled law in this court.. The wages for the interval, after the vessel leaves her last port of delivery to the time of the wreck depend on circumstances. The sailors must assist in saving the ship and goods, or so much thereof as possible, so as to entitle them by wa.w of encouragement, to their wages out of the ' property saved. Laws Oleron, art. 3; “Les Us et Cou-iumes de la Mer,” 8. But there is…
2Cited by3 opinions
- The Main v. WilliamsSupreme Court of the United States · 1894
- Warehouse & Builders Supply Co. v. GalvinWisconsin Supreme Court · 1897
- Cole v. Union Mutual InsuranceMassachusetts Supreme Judicial Court · 1859