Dunnett v. Tomhagen
New York Supreme Court
FROM the return of the certiorari, directed to the justices’ court, in the city of Nerw-York, the following facts appeared: The defendant in error, who was the plaintiff below, dedared for wages due to him as a mariner onboard the shin . . Sarah, of which the plaintiff m error, was master, on a voyage from Greenock to Nerw-York.
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FROM the return of the certiorari, directed to the justices’ court, in the city of Nerw-York, the following facts appeared: The defendant in error, who was the plaintiff below, dedared for wages due to him as a mariner onboard the shin . . Sarah, of which the plaintiff m error, was master, on a voyage from Greenock to Nerw-York. The defendant below pleaded the general issue, with notice of special matter. ■ The cause was tried before the just*cest by consent, without a jury, and the following facts appeared. The plaintiff was a mariner on board the Sara?li on a voyage from New-York to…
1Opinion of the Court
Kent, Ch. J.
delivered the opinion of the court.
It is the general rule of the marine law, that freight is the mother of wages, and that the safety of the ship is the mother of freight. The reason of the rule is, that the'seamen may have an interest in the safety of the ship, and may thereby be induced not to desert her in cases of danger, but to use their utmost endeavour, even at the hazard of their lives, for her preservation.
No freight was earned in this case on the homeward voyage, because no part of the cargo was delivered by the ship» The contract was not fulfilled ; the voyage was not…
2Cited by12 opinions
- The Eliza LinesSupreme Court of the United States · 1905
- The Eliza LinesSupreme Court of the United States · 1895
- Lewis v. The Elizabeth & JaneDistrict Court, D. Maine · 1823
- Van Beuren & Sands v. WilsonNew York Supreme Court · 1828
- Davis v. LeslieDistrict Court, S.D. New York · 1848
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