Legal Opinion

Chase v. Philadelphia & Reading Railroad

Massachusetts Supreme Judicial Court

Decided September 6, 1883PublishedCited by 2 opinions

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

  1. Wilson v. GrayMassachusetts Supreme Judicial Court · 1879
  2. Tilley v. FarrowMassachusetts Supreme Judicial Court · 1817

3Cited by2 opinions

  1. Lustenberger v. Boston Casualty Co.Massachusetts Supreme Judicial Court · 1938
  2. Commonwealth v. KempMassachusetts Supreme Judicial Court · 1926

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