The Samuel J. Christian
District Court, E.D. New York
In Admiralty. Seven libels were filed against the steam-tug Samuel J. Christian, one of which was that of the crew of the tug for wages, five for claims of material-men for repairs and coal, and one a claim for damage done to a brig, caused her by being run into a pier while in tow of the tug. The tug having been sold at marshal’s sale, the question of the priority of the payment of these claims out of the proceeds was settled as appears in the first opinion following.
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In Admiralty. Seven libels were filed against the steam-tug Samuel J. Christian, one of which was that of the crew of the tug for wages, five for claims of material-men for repairs and coal, and one a claim for damage done to a brig, caused her by being run into a pier while in tow of the tug. The tug having been sold at marshal’s sale, the question of the priority of the payment of these claims out of the proceeds was settled as appears in the first opinion following. In the case of McNab against the tug, the commissioner in his report disallowed the following items: (1) $59.90 for a new…
1Opinion of the Court
Benedict, .T.
One of the questions presented by this application is whether a claim of one McNab upon the tug Samuel J. Christian for damage to the brig Lillie H. White, caused her by being run against a pier while in tow of the tug, through the negligence of the master of the tug, is entitled to priority in payment over the claims of the crew of the tug for wages earned in her navigation prior to the accident referred to. Upon this question, my opinion is that the seamen are entitled to be paid their wages in preference to the claim for the damages to the brig.
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2Cases cited2 opinions
- Norwich Co. v. WrightSupreme Court of the United States · 1872
- The OrientDistrict Court, S.D. New York · 1879
3Cited by2 opinions
- Bancroft—Whitney Co. v. Pacific Coast Steamship Co.District Court, N.D. California · 1894
- In re The John G. StevensDistrict Court, E.D. New York · 1893