Two Catherines
U.S. Circuit Court for the District of Rhode Island
[On certificate from the district court of the United States for the district of Rhode Island.] Libel for mariners’ wages and salvage, cer tified from the district court on account of the interest of the district judge, pursuant to the statutes of May 8. 1792, c. 36, § 11 [1 Stat. 278], and of March 3, 1821, c. 51 [3 Stat. 643]. The original libel was for mariners’ wages, but as amended it wore a double aspect, asserting a right to wages, and if that could not be sustained,…
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[On certificate from the district court of the United States for the district of Rhode Island.] Libel for mariners’ wages and salvage, cer tified from the district court on account of the interest of the district judge, pursuant to the statutes of May 8. 1792, c. 36, § 11 [1 Stat. 278], and of March 3, 1821, c. 51 [3 Stat. 643]. The original libel was for mariners’ wages, but as amended it wore a double aspect, asserting a right to wages, and if that could not be sustained, claiming a right to salvage equivalent to wages. The material facts were these: The ship on the 16th of April, 1821.…
1Opinion of the Court
STORY, Circuit Justice.
Upon these facts the material questions are, (1) whether the seamen are entitled to any wages beyond those already paid to them; (2) if not, whether they can claim as salvors, out of the goods saved from the wreck.
It is. in my judgment, perfectly clear, that the seamen are entitled to wages up to the time of the ship’s arrival at Ivica, and during half the time the ship remained there; for at that place the homeward voyage properly commenced. The ship’s having gone from Gibraltar to Ivica in ballast does not vary the ease, any more than it would, if the whole of the…
2Cases cited4 opinions
- Coffin v. StorerMassachusetts Supreme Judicial Court · 1809
- Dunnett v. TomhagenNew York Supreme Court · 1808
- Frothingham v. PrinceMassachusetts Supreme Judicial Court · 1801
- Hooper v. PerleyMassachusetts Supreme Judicial Court · 1814