The Hanna Nielsen
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Eastern District of New York. Eibel by Ole Tolo against the steamship Hanna.Nielsen, of which B. Stolt-Nielson & Co., Incorporated, was claimant. From a decree granting libelant only an allowance for cure and maintenance (267 Fed. 729), libelant appeals. Libelant was an oiler on the Norwegian ship Nielsen. He arrived at Portland, Me., on the steamer as a regular member of the crew.
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Appeal from the District Court of the United States for the Eastern District of New York. Eibel by Ole Tolo against the steamship Hanna.Nielsen, of which B. Stolt-Nielson & Co., Incorporated, was claimant. From a decree granting libelant only an allowance for cure and maintenance (267 Fed. 729), libelant appeals. Libelant was an oiler on the Norwegian ship Nielsen. He arrived at Portland, Me., on the steamer as a regular member of the crew. At that port he demanded and received an increase in pay and signed articles accordingly. Prom Portland the steamship went to Gibraltar, and while in that…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). [1] If the claim advanced herein be regarded as in contract, the breach being the shipowner’s failure properly and reasonably to provide for the safety of libelant, Norwegian law, and that alone, governs the right of recovery; for “whoever engages voluntarily to serve on board a foreign ship necessarily undertakes to be bound by the law of the country to which the ship belongs.” The Belgenland, 114 U. S. 365, 5 Sup. Ct. 860, 29 L. Ed. 152. The seaman’s contract in this instance was a Norwegian contract, and so remained throughout. The place where libelant…
2Cases cited8 opinions
- The OsceolaSupreme Court of the United States · 1903
- Slater v. Mexican National RailroadSupreme Court of the United States · 1904
- The BelgenlandSupreme Court of the United States · 1885
- The Bouker No. 2Court of Appeals for the Second Circuit · 1917
- Sullivan v. Nitrate Producers' S. S. Co.Court of Appeals for the Second Circuit · 1919
3 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Lauritzen v. LarsenSupreme Court of the United States · 1953
- The Federal No. 2Court of Appeals for the Second Circuit · 1927
- Ozanic v. United StatesCourt of Appeals for the Second Circuit · 1948
- Todd Shipyards Corporation v. the City of AthensDistrict Court, D. Maryland · 1949
- Heredia v. DaviesCourt of Appeals for the Fourth Circuit · 1926
35 more not listed; retrieve them via the Exa API.