Russell v. The Twilight
District Court, W.D. Pennsylvania
In Admiralty. Suit for wages, etc. Libelants, deck-hands on a tow-boat on the Ohio river, when ordered by the mate to draw ashes from the furnace refused, alleging it was a fireman’s work. After warning, they were put ashore at the next port. Thére was evidence that on that boat it was work to be done by deck-hands, but when hired nothing was said to the libelants on the subject.
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In Admiralty. Suit for wages, etc. Libelants, deck-hands on a tow-boat on the Ohio river, when ordered by the mate to draw ashes from the furnace refused, alleging it was a fireman’s work. After warning, they were put ashore at the next port. Thére was evidence that on that boat it was work to be done by deck-hands, but when hired nothing was said to the libelants on the subject. There was evidence also that this was not the customary work of deck-hands on tow-boats generally.
1Opinion of the CourtAcheson, J.
1. In any view that can be taken of the case under the proofs, the master of the Twilight was justified in discharging the libel-ants upon their refusal to “pull ashes” from the furnace when ordered to do so by their superior officer. The service was not an onerous one, and, even if usually, on this class of vessels, it is the work of the firemen, and does not come strictly within the scope of a deck-hand’s employment, still the master here, under the circumstances, was well warranted in dismissing the libelants.
2. But I am not prepared to say that the libelants forfeited their wages for past…
2Cited by2 opinions
- The J. P. SchuhDistrict Court, S.D. Alabama · 1915
- The EnterpriseDistrict Court, W.D. Pennsylvania · 1901