Paauhau Sugar Plantation Co. v. Palapala
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the District of Hawaii. This is a suit in admiralty in personam, to recover damages for personal injuries sustained by the libelant (appellee) while .engaged in loading a cargo of sugar, by the alleged negligence of the defendant (appellant herein). The court below awarded to libelant $3,000 damages for the injury, and $65.35 for the amount he would have earned before the trial. Prom this decree the appeal is taken.
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Appeal from the District Court of the United States for the District of Hawaii. This is a suit in admiralty in personam, to recover damages for personal injuries sustained by the libelant (appellee) while .engaged in loading a cargo of sugar, by the alleged negligence of the defendant (appellant herein). The court below awarded to libelant $3,000 damages for the injury, and $65.35 for the amount he would have earned before the trial. Prom this decree the appeal is taken. It is claimed by appellant in its assignments of error that the court erred in holding that (1) “the libelant was at the…
1Opinion of the CourtHawley, District Judge
(after stating the facts as above). I. Can the question presented by the first assignment of error, as to the age of appellee, be considered by this court? In the libel it is alleged that libelant “is about twenty-five years of age.” In its answer defendant “neither admits nor denies the said allegation, but leaves libelant to his proof thereof.” In his testimony at the trial appellee was asked his age, and replied, “I think in the month of July I .will be twenty-one. Q. July, 1903? A. Yes.” If the defendant desired to raise the question that appellee could not maintain the suit because not…
2Cases cited12 opinions
- Davis v. SchwartzSupreme Court of the United States · 1895
- Mather v. RillstonSupreme Court of the United States · 1895
- Stitt v. HuidekopersSupreme Court of the United States · 1873
- Whitney v. OlsenCourt of Appeals for the Ninth Circuit · 1901
- Glascock v. Central Pacific RailroadCalifornia Supreme Court · 1887
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3Cited by9 opinions
- Petterson Lighterage & T. Corp. v. New York Central R. Co.Court of Appeals for the Second Circuit · 1942
- McCandless v. FurlaudSupreme Court of the United States · 1934
- Crosby Transp. Co. v. SautterCourt of Appeals for the Seventh Circuit · 1912
- The Bailey GatzertCourt of Appeals for the Ninth Circuit · 1910
- Reed v. WeuleCourt of Appeals for the Ninth Circuit · 1910
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