Legal Opinion

Erwin v. Butler

Supreme Court of Louisiana

Decided March 15, 1833PublishedCited by 1 opinion

Eastern Dts. APPEAL PROM THE PARISH COURT POR THE PARISH AND CITY OF NEW-OREEANS. , The plaintiff, former mate of the brig Latona, sued the master and owner for his wages from the time he was discharged from the brig at Trieste, until he arrived at the city of New Orleans, where he had been shipped. He also claimed damages, in consequence of the defendant having previously to his discharge, assaulted, beaten, and kept him in irons during ten days.

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Eastern Dts. APPEAL PROM THE PARISH COURT POR THE PARISH AND CITY OF NEW-OREEANS. , The plaintiff, former mate of the brig Latona, sued the master and owner for his wages from the time he was discharged from the brig at Trieste, until he arrived at the city of New Orleans, where he had been shipped. He also claimed damages, in consequence of the defendant having previously to his discharge, assaulted, beaten, and kept him in irons during ten days. The defendant pleaded a general denial, and prayed for a trial by jury. A verdict was found for the plaintiff for three hundred and seventy-three…

1Opinion of the Court

The opinion of the court was delivered by

Martin, J.

The defendant is appellant from a judgment, by which damages have been recovered from him, for his beating and ill treating the plaintiff at sea, on board of a vessel, of which the latter was mate, and the former master.

The reversal of the judgment has been claimed on the ground, that the depositions of several witnesses were irregularly taken, as the notice of the trial and place of taking them, was left fpr the defendant on board of the vessel he commanded, although, as is alleged, he had in the plaintiff’s own knowledge, a domicil in the…

2Cited by1 opinion

  1. Leverich v. PrieurSupreme Court of Louisiana · 1844

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