Legal Opinion

Everett v. United States

District Court, W.D. Washington

Decided December 3, 1921No. Nos. 6159, 6193, 6192, 6227, 6234, 6308PublishedCited by 8 opinions

Tu Admiralty. Suit by W. Everett and others against the United States, the United States Shipping Board Emergency Fleet Corporation, and Tory Hedemark, heard with five other cases by Walter Starkey and others, by E. Gaupholm, by G. IT. Beauchamp and others, by L. E. Oblom, and by P. Sognefest against the same respondents. Decrees for libelants against respondent Hedemark only. These several causes were consolidated for trial.

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Tu Admiralty. Suit by W. Everett and others against the United States, the United States Shipping Board Emergency Fleet Corporation, and Tory Hedemark, heard with five other cases by Walter Starkey and others, by E. Gaupholm, by G. IT. Beauchamp and others, by L. E. Oblom, and by P. Sognefest against the same respondents. Decrees for libelants against respondent Hedemark only. These several causes were consolidated for trial. The several libelants seek to recover from the United States, the United States Shipping Board Emergency Eleet Corporation, as owner, and Tory Hedemark, master, balance…

1Opinion of the CourtNeterer, District Judge

(after stating the facts as above). [1] The seamen under the shipping articles have a threefold remedy for their wages against (a) the ship; (b) the owners; and (c) the master. There is no diversity to this rule, so far as I am advised. The laws of the United States as well as those of England have provided such remedy. Bronde v. Haven, 4 Fed. Cas. 211; Farrell v. McClea, 1 Dall. 392, 1 L. Ed. 192; The Susan, 23 Fed. Cas. 443; Skolfield v. Potter, 22 Fed. Cas. 299; Russell v. Rackett (D. C.) 46 Fed. 200; Wysham v. Rossen, 11 Johns. (N. Y.) 72; Smith v. Oakes, 141 Mass. 551, 5 N. E. 824, 55…

2Cases cited24 opinions

  1. Leary v. United StatesSupreme Court of the United States · 1872
  2. United States v. SheaSupreme Court of the United States · 1894
  3. Reed v. United StatesSupreme Court of the United States · 1871
  4. Sheppard and Others v. Taylor and OthersSupreme Court of the United States · 1831
  5. Marcardier v. Chesapeake InsuranceSupreme Court of the United States · 1814

19 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Velidor v. L/P/G BenghaziCourt of Appeals for the Third Circuit · 1981
  2. Aird v. Weyerhaeuser S. S. Co.Court of Appeals for the Third Circuit · 1948
  3. Stewart v. United States Shipping Board Emergency Fleet Corp.District Court, E.D. New York · 1925
  4. United States Shipping Board Emergency Fleet Corp. v. GreenwaldCourt of Appeals for the Second Circuit · 1927
  5. The Eastern ShoreDistrict Court, D. Maryland · 1928

3 more not listed; retrieve them via the Exa API.

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