Bain v. Sandusky Transp. Co.
District Court, E.D. Wisconsin
Libel by John Bain and others against the Sandusky Transportation Company and another to recover damages for wrongful arrest ánd imprisonment. Libel in personam against the Sandusky Transportation Company, as owner oí the schooner S. L. Watson, for alleged tortious acts of the master. The master was also named as respondent in the libel, but is not before the court, as he was not served, has not appeared, and no ownership is shown in him.
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Libel by John Bain and others against the Sandusky Transportation Company and another to recover damages for wrongful arrest ánd imprisonment. Libel in personam against the Sandusky Transportation Company, as owner oí the schooner S. L. Watson, for alleged tortious acts of the master. The master was also named as respondent in the libel, but is not before the court, as he was not served, has not appeared, and no ownership is shown in him. The libelants are four seamen who shipped on board the schooner S. L. Watson, at Sandusky, in September, 1889, for a voyage described in the so-called…
1Opinion of the CourtSeaman, District Judge
(after stating tbe facts). A question of jurisdiction is raised at tbe threshold of this inquiry; and, if it is determined that the alleged cause of action is not of admiralty cognizance, the further interesting questions argued at the hearing — including that of liability of the owners for torts of the master - — -will not require consideration. The gravamen of the action is the wrong or tort alleged to have been committed in the imprisonment of the libelants. It is not founded upon any breach of contract, for the libelants had repudiated any contract, and had quit the service. There was no…
2Cases cited11 opinions
- The PlymouthSupreme Court of the United States · 1866
- Leathers v. BlessingSupreme Court of the United States · 1882
- Sheppard and Others v. Taylor and OthersSupreme Court of the United States · 1831
- Ex Parte Phenix Insurance CompanySupreme Court of the United States · 1886
- Thomas v. LaneU.S. Circuit Court for the District of Maine · 1813
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Forgione v. United States Nicastro v. United StatesCourt of Appeals for the Third Circuit · 1953
- Netherlands American Steam Nav. Co. v. GallagherCourt of Appeals for the Second Circuit · 1922
- Cordrey v. SteamshipOregon Supreme Court · 1922
- Swayne & Hoyt, Inc. v. BarschCourt of Appeals for the Ninth Circuit · 1915
- Kamara v. S. Livanos & Co.District Court, S.D. New York · 1951
2 more not listed; retrieve them via the Exa API.