Michaelson v. Denison
U.S. Circuit Court for the District of Connecticut
THIS was an action of assault and battery, ' After the declaration was fead, Livingston, 3. inquired on what ground the cause was brought before this . -or» court i Was it because the plaintiff was an alien / He was not so described in the declaration. The description was, “ Charles Michaelson, of Bass End, in the Island of St. Croix, a foreign subject, viz. a subject of the King of Sweden.”
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THIS was an action of assault and battery, ' After the declaration was fead, Livingston, 3. inquired on what ground the cause was brought before this . -or» court i Was it because the plaintiff was an alien / He was not so described in the declaration. The description was, “ Charles Michaelson, of Bass End, in the Island of St. Croix, a foreign subject, viz. a subject of the King of Sweden.” By the constitution of the United Atetes, the judicial power may extend to cases between citizens of a state and foreign subjects; but congress, in . . J the provision of the judiciary act under that…
1Opinion of the CourtLivingston, J.
in summing up, after taking notice of the weapon, which was not dangerous, the mode of punishment, which was not unusual, and the degree, which, however severe, was less than sufficient to reduce the plaintiff to submission, recognised the right of the master, during tíre voyage, to correct a mariner for'disobedience to.any reasonable commands, and for- insolence, and other offences. The punishment, in its nature, is not limited to confinement, corporal chastisement being often necessary and proper; and, as to its extent, depends upon the circumstances of the case, the aggravation of the…
2Cited by3 opinions
- Woolridge v. McKennaUnited States Circuit Court · 1881
- Buddington v. SmithSupreme Court of Connecticut · 1839
- Bogart v. M'DonaldNew York Supreme Court · 1801