Brig Odorilla v. Baizley
Pennsylvania Court of Common Pleas, Philadelphia County
No. 265 January Term 1889, Sup. Ct.; court below, No. 8081 December Term 1873, old D. C. On January 28, 1874, John Baizley filed a libel under the act of June 13, 1836, P. L. 617, by which, as amended on December 30, 1884, by leave of court, it was averred that the plaintiff, at the special instance and request of one Captain Holland, master and managing owner of the brig Odorilla, had furnished materials and performed work and labor in the re pairing, fitting, furnishing…
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No. 265 January Term 1889, Sup. Ct.; court below, No. 8081 December Term 1873, old D. C. On January 28, 1874, John Baizley filed a libel under the act of June 13, 1836, P. L. 617, by which, as amended on December 30, 1884, by leave of court, it was averred that the plaintiff, at the special instance and request of one Captain Holland, master and managing owner of the brig Odorilla, had furnished materials and performed work and labor in the re pairing, fitting, furnishing and equipping of said brig, then lying at a wharf at Philadelphia where she still remained; setting forth the amount of…
1Opinion of the Court
Opinion,
Me. Justice Claek:
It is plain that the words “master and managing owner,” as they are contained in the lihel, were not used in any merely technical sense, signifying that the Odorilla was registered and enrolled and had passed under the jurisdiction and control of the United States government. In a purely technical sense, perhaps she could have a master and a managing owner, properly so called, only by virtue of the laws of the United States; but she had owners, in the general sense of the word, from the time the work of construction and equipment began, and if any one of the owners…
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