Chase v. Philadelphia & Reading Railroad
Massachusetts Supreme Judicial Court
Contract, against the owners of a vessel, for pilotage. Trial in the Superior Court, before Rockwell, J., who reported the case for the determination of this court, in substance as follows: The plaintiff was a duly licensed and commissioned United States and state pilot for the harbor of Newburyport. On March 31, 1882, the steamship Achilles came into Ipswich Bay, and within a marine league of the shore, bound for Hewburyport, which was her port of destination.
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Contract, against the owners of a vessel, for pilotage. Trial in the Superior Court, before Rockwell, J., who reported the case for the determination of this court, in substance as follows: The plaintiff was a duly licensed and commissioned United States and state pilot for the harbor of Newburyport. On March 31, 1882, the steamship Achilles came into Ipswich Bay, and within a marine league of the shore, bound for Hewburyport, which was her port of destination. The plaintiff boarded her first, and tendered his services to pilot her into Hewburyport; but the master of the steamship refused the…
1Opinion of the CourtW. Allen, J.
The Pub. Sts. c. 70, § 32, provide that “ all vessels regularly employed in the coasting trade .... shall be exempt from the compulsory payment of pilotage.” Upon the facts stated in the report, the Achilles was a vessel regularly employed in the coasting trade, within the meaning of the statute. See U. S. St. of February 28, 1871; U. S. Rev. Sts. § 4444; Wilson v. Gray, 127 Mass. 98; Tilley v. Farrow, 14 Mass. 17.
As this is decisive of the case, it is unnecessary to consider the other questions argued. Judgment on the verdict.
2Cases cited2 opinions
- Wilson v. GrayMassachusetts Supreme Judicial Court · 1879
- Tilley v. FarrowMassachusetts Supreme Judicial Court · 1817
3Cited by2 opinions
- Lustenberger v. Boston Casualty Co.Massachusetts Supreme Judicial Court · 1938
- Commonwealth v. KempMassachusetts Supreme Judicial Court · 1926