Smith v. Oakes
Massachusetts Supreme Judicial Court
Comtract against the master of the ship P. 3ST. Blanchard for the wages of the plaintiff as a seaman. Trial in the Superior Court, before Mason, J., who allowed a bill of exceptions, in substance as follows: The plaintiff joined said ship, an American vessel, and signed the shipping articles, in the statutory form, at San Francisco, on March 26,1882 ; he remained on board the ship until December 5,1883, when he was discharged by the defendant, who, pursuant to the United…
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Comtract against the master of the ship P. 3ST. Blanchard for the wages of the plaintiff as a seaman. Trial in the Superior Court, before Mason, J., who allowed a bill of exceptions, in substance as follows: The plaintiff joined said ship, an American vessel, and signed the shipping articles, in the statutory form, at San Francisco, on March 26,1882 ; he remained on board the ship until December 5,1883, when he was discharged by the defendant, who, pursuant to the United States statutes, signed and delivered to him a certificate of discharge. At the time of the said discharge, the defendant,…
1Opinion of the CourtC. Allen, J.
The original master having fallen sick and left the ship during the voyage, the first question for determination is, whether the defendant, in the absence of an express contract to that effect, and merely by virtue of his relation as a new and substituted master for the remainder of the same voyage, is held bound by law upon an implied contract to pay to the seamen their stipulated wages, so as to be personally liable in an action at law for their wages earned after his accession to the office, and we are of opinion that he is. The liability rests on the peculiar relation which the master…
2Cases cited5 opinions
- Leon v. GalceranSupreme Court of the United States · 1871
- Temple v. TurnerMassachusetts Supreme Judicial Court · 1877
- Farrel v. M'Clea, Pennsylvania Court of Common Pleas, Philadelphia County1788
- Wysham v. RossenNew York Supreme Court · 1814
- Fitzsimmons v. BaxterNew York Court of Common Pleas · 1869
3Cited by4 opinions
- Calvin v. HuntleyMassachusetts Supreme Judicial Court · 1901
- Baxter v. DoeMassachusetts Supreme Judicial Court · 1886
- Everett v. United StatesDistrict Court, W.D. Washington · 1921
- McCall v. United States Shipping Board Emergency Fleet Corp.District Court, W.D. Washington · 1924