Holt v. Cummings
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 3, of Philadelphia county : Of January Term 1883, Np. 47. Assumpsit, by Joseph J. Cummings, M.D., against Handy P. Holt, Richard Banks and John Banks, co-owners of the steam-trig J. B. Woodward.
Read the full summary
Error to the Court of Common Pleas, No. 3, of Philadelphia county : Of January Term 1883, Np. 47. Assumpsit, by Joseph J. Cummings, M.D., against Handy P. Holt, Richard Banks and John Banks, co-owners of the steam-trig J. B. Woodward. At the trial, before Yerres, J., the following facts appeared : — On August- 14th 1881, an explosion occurred on the steam-tug, while in the port of Philadelphia, where she belonged, by-which John Harrigan, the engineer, employed by the defendants, was scalded and. otherwise injured. At the request of the captain the plaintiff, a physician, dressed the injured…
1Opinion of the CourtJustice Clark
It is a general and well-established principle, affecting the rights and responsibilities of seamen, that the shipping contract, excepting as it may be modified by express stipulation, includes the provisions of the law maritime; made to be performed upon the highway of the seas, it must be read in the light of that peculiar system of law, which particularly relates to the affairs of the sea : The Atlantic, 1 Abbott’s Adm. 476 ; The Crusader, Ware 44S; Jameson v. The Eegulus, 1 Pet. Adm; Eep. 212; Curtis on Merch. Seam. 106. This system was referred to, as it was then understood, in the…
2Cases cited3 opinions
- Harden v. GordonU.S. Circuit Court for the District of Maine · 1823
- The North AmericaDistrict Court, E.D. New York · 1872
- The M. M. CalebDistrict Court, S.D. New York · 1877
3Cited by8 opinions
- Calmar Steamship Corp. v. TaylorSupreme Court of the United States · 1938
- New Prime Inc. v. OliveiraSupreme Court of the United States · 2019
- The Bouker No. 2Court of Appeals for the Second Circuit · 1917
- Scarff v. . MetcalfNew York Court of Appeals · 1887
- Socony-Vacuum Oil Co. v. PremeauxCourt of Appeals of Texas · 1945
3 more not listed; retrieve them via the Exa API.