Legal Opinion

The Minna

District Court, E.D. Michigan

Decided May 1, 1882PublishedCited by 25 opinions

In Admiralty. This was a libel for services performed as fishermen on hoard the Minna. The testimony showed that the Minna was employed solely in fishing, running out from Alpena every morning, from 15 to 25 miles, to the fishing grounds, throwing her nets and making a lift or catch' of fish, and returning the same evening to port, where the fish were discharged and prepared for market. Her crew consisted simply of a master and engineer.

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In Admiralty. This was a libel for services performed as fishermen on hoard the Minna. The testimony showed that the Minna was employed solely in fishing, running out from Alpena every morning, from 15 to 25 miles, to the fishing grounds, throwing her nets and making a lift or catch' of fish, and returning the same evening to port, where the fish were discharged and prepared for market. Her crew consisted simply of a master and engineer. Libellant took no part in the navigation of the vessel, but was employed solely as a fisherman. His contract required him to go out with the tug every day,…

1Opinion of the Court

Brown, D. J.

At first blush I was inclined to the opinion that libellant’s services, not being maritime in their character, wore not such as to create a lien upon the vessel. The earlier cases collated in 2 Parsons, Shipping, 185, indicate that mere landsmen have no lien unless their labors contribute to the preservation or navigation of the ship, or to the sustenance or health of the crew. See, also, Gurney *760v. Crockett, Abb. Adm. 490; Coz v. Murray, Id. 340. But, upon reflection, I am satisfied the sounder principle is that stated in Ben. Adm. § 241, and The Ocean Spray, 4 Sawy. 105, viz.:…

2Cases cited9 opinions

  1. Reed v. CanfieldU.S. Circuit Court for the District of Massachusetts · 1832
  2. The Ocean SprayDistrict Court, D. Oregon · 1876
  3. Logan v. The AeolianDistrict Court, S.D. Ohio · 1859
  4. The May QueenDistrict Court, D. Massachusetts · 1861
  5. The CantonDistrict Court, D. Massachusetts · 1858

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3Cited by25 opinions

  1. McDermott International, Inc. v. WilanderSupreme Court of the United States · 1991
  2. Norton v. Warner Co.Supreme Court of the United States · 1944
  3. Saylor v. TaylorCourt of Appeals for the Fourth Circuit · 1896
  4. Hubert Wayne Johnson v. John F. Beasley Construction Company, a CorporationCourt of Appeals for the Seventh Circuit · 1984
  5. Bernard Harney v. William M. Moore Building Corporation and Lopier Construction CorporationCourt of Appeals for the Second Circuit · 1966

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