Legal Opinion

Pasquoin v. The American Schooner David Evans

District Court, D. Hawaii

Decided September 26, 1910Published

In Admiralty: Tibel in rem for damages for an assault and battery, and for wages.

1Opinion

ON REHEARING.

The libelant asks for a rehearing of this case on the ground tli fit in the foregoing opinion the claims for wages, medical expenses and maintenance were not passed on.

The claims set up in the libel are all based on the theory that' the contract of employment between the vessel and the libelant was broken and terminated by an unjustifiable assault and batIcry alleged to have been committed upon the libelant by the captain of the schooner.

On this understanding it was assumed that when holding tha; no such assault and battery was committed and that no damages were recoverable, the…

2Cases cited1 opinion

  1. The David EvansCourt of Appeals for the Ninth Circuit · 1911

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