Gabrielson v. Waydell
The Superior Court of the City of New York and Buffalo
On motion to dismiss complaint. Action by Charles G. Gabrielson against Frederick Waydell. Plaintiff was a member of the crew on defendant’s vessel, and brings this action for an assault committed on him by the captain.
1Opinion of the Court
Freedman, J
This is an unusually important case, and, as such, I have taken great pains to come to a correct conclusion. The main question in the case is whether the managing owners of a vessel can be held liable in damages for an assault committed by the. captain, on the high seas, upon a member of the crew.
It is claimed, in the first place, that such an act is the act of the fellow-servant, for which the employer is not liable. In this I cannot concur. The captain of a ship, during a voyage, is in full control of the ship. He is the su.preme commander, and, from the necessities of the case,…
2Cases cited3 opinions
- Mott v. . Consumers' Ice CompanyNew York Court of Appeals · 1878
- Stewart v. . Brooklyn and Crosstown R.R. Co.New York Court of Appeals · 1882
- Hunt v. ColburnDistrict Court, D. Massachusetts · 1853