Legal Opinion

Plummer v. Webb

U.S. Circuit Court for the District of Maine

Decided May 15, 1827PublishedCited by 24 opinions

Libel in the admiralty in personam. The allegations in the libel stated, that the infant son of the plaintiff [Moses Plummer] was shipped, with the consent of the plaintiff, on board of a vessel of which the defendant [Michael Webb] was master, on a certain voyage described in the libel, and proceeded to give an historical detail of certain gross misconduct, ill usage, and cruel treatment, on the part of the master, towards the son of the plaintiff; that his health was…

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Libel in the admiralty in personam. The allegations in the libel stated, that the infant son of the plaintiff [Moses Plummer] was shipped, with the consent of the plaintiff, on board of a vessel of which the defendant [Michael Webb] was master, on a certain voyage described in the libel, and proceeded to give an historical detail of certain gross misconduct, ill usage, and cruel treatment, on the part of the master, towards the son of the plaintiff; that his health was impaired thereby; and that he was improperly carried away on a second unauthorized voyage, beyond the scope of the original…

1Opinion of the Court

STORY, Circuit Justice.

When this case was formerly before this court a doubt was suggested on my part, whether the case, as laid, did not assume the character of a criminal and felonious offence; and if this objection was overcome, whether it was a case within the admiralty jurisdiction. In consequence of this suggestion the original libel was amended, with a view to get rid of the objection as to the criminal nature of the complaint; and at the last term of the court, the question, as to the admiralty jurisdiction, was, at my instance, fully argued by counsel. Some of the sources of my doubt…

2Cases cited1 opinion

  1. James v. Le RoyNew York Supreme Court · 1810

3Cited by24 opinions

  1. The HarrisburgSupreme Court of the United States · 1886
  2. Peter Igneri and Theresa Igneri v. Cie. De Transports OceaniquesCourt of Appeals for the Second Circuit · 1963
  3. The PennsylvaniaCourt of Appeals for the Second Circuit · 1907
  4. Benson v. RemingtonMassachusetts Supreme Judicial Court · 1806
  5. Juarez v. Windsor Rock Products, Inc.Oregon Supreme Court · 2006

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