Martin v. Witherspoon
Massachusetts Supreme Judicial Court
Contract against the owners of a vessel for pilotage. The case was submitted to the Superior Court, and, after judgment for the plaintiff, to this court on appeal, upon an agreed statement of facts, in substance as follows: The plaintiff was a duly commissioned pilot for the port and harbor of Boston, and was acting as such on May 8, 1880. The defendants were then the owners of a certain bark, of four hundred tons burden and sixteen feet draft of water, and the defendant…
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Contract against the owners of a vessel for pilotage. The case was submitted to the Superior Court, and, after judgment for the plaintiff, to this court on appeal, upon an agreed statement of facts, in substance as follows: The plaintiff was a duly commissioned pilot for the port and harbor of Boston, and was acting as such on May 8, 1880. The defendants were then the owners of a certain bark, of four hundred tons burden and sixteen feet draft of water, and the defendant Smith was master of the vessel. The plaintiff, on the above date, offered his services as pilot to Smith, who was then on…
1Opinion of the CourtDevens, J.
If we assume, in favor of the contention of the defendant, that the expressions and language of the Gen. Sts. c. 52, and of the St. of 1862, c. 176, do not justify the inference that there was any provision authorizing compulsory pilotage to be exacted from outward bound vessels, there remains the inquiry as to the force and effect to be given to the order of the Governor and Council, which was proclaimed by the Governor on September 13, 1865.* By that order an outward bound vessel was made liable to pay compulsory pilotage fees when pilotage was tendered under such circumstances as appear in…
2Cases cited1 opinion
- Tilley v. FarrowMassachusetts Supreme Judicial Court · 1817
3Cited by7 opinions
- Hunter v. Colfax Consolidated Coal Co.Supreme Court of Iowa · 1915
- State Ex Rel. Richards v. MoorerSupreme Court of South Carolina · 1929
- Opinion of the Justices to the SenateMassachusetts Supreme Judicial Court · 1939
- Codman v. CrockerMassachusetts Supreme Judicial Court · 1909
- Lee v. HoffmanSupreme Court of Iowa · 1918
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