Crapo v. Allen

SPRAGUE, District Judge.

This is a libel by the administrator of Peter Brotherson, deceased, alleging that the intestate was one of the crew of the bark Montezuma, of which the respondent was master, on a whaling voyage, and that during such voyage the respondent treated Brotherson with great cruelty, specifying several particulars, and among them, an aggravated assault and battery. The respondent has pleaded, that the causes of action set forth in the libel, do not survive the death of Brotherson, and that the court has not jurisdiction.

The causes of action set forth are maritime, and over…