Legal Opinion

Lafourche Packet Co. v. Henderson

Court of Appeals for the Fifth Circuit

Decided May 23, 1899No. 810PublishedCited by 17 opinions

Appeal from the District Court of the United States for the Eastern District of Louisiana. On or about March 8, 1808, William Henderson, appellee, was shipped at New Orleans, La., as a seaman in the service of the steamboat Lafourche, for a voyage to Thibodaux, La., in Bayou Lafourche, and return to New Orleans, at the wages of §80 per month and found. The boat made the outward trip with libelant in the service thereof.

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Appeal from the District Court of the United States for the Eastern District of Louisiana. On or about March 8, 1808, William Henderson, appellee, was shipped at New Orleans, La., as a seaman in the service of the steamboat Lafourche, for a voyage to Thibodaux, La., in Bayou Lafourche, and return to New Orleans, at the wages of §80 per month and found. The boat made the outward trip with libelant in the service thereof. On the return trip, and while said vessel was lying at a plantation on Bayou Lafourche, the said Henderson, with others of the crew, was duly ordered to go into the hold or…

1Opinion of the Court

After stating the facts, the opinion of the court was delivered by

PARDEE, Circuit Judge.

The first assignment of error is too general to warrant attention, but it is the only one to cover the point sought to be raised, — that, while the district court, sitting in admiralty, had jurisdiction of the demand, yet the libelant had no right to proceed in rem, because he had no maritime lien on the ship, nor any lien under the domestic law for damages resulting from his personal injuries, as set forth in the libel. In the district and circuit courts in this circuit, it has never been seriously…

2Cases cited7 opinions

  1. Hayden v. Smithville Manufacturing Co.Supreme Court of Connecticut · 1861
  2. Way v. Illinois Central RailroadSupreme Court of Iowa · 1875
  3. Wormell v. Maine Central RailroadSupreme Judicial Court of Maine · 1887
  4. McGlynn v. BrodieCalifornia Supreme Court · 1866
  5. Wm. Johnson & Co. v. JohansenCourt of Appeals for the Fifth Circuit · 1898

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

3Cited by17 opinions

  1. Socony-Vacuum Oil Co. v. SmithSupreme Court of the United States · 1939
  2. The Arizona v. AnelichSupreme Court of the United States · 1936
  3. Panama R. v. JohnsonCourt of Appeals for the Second Circuit · 1923
  4. Zinnel v. United States Shipping Board Emergency Fleet Corp.Court of Appeals for the Second Circuit · 1925
  5. Thompson Towing & Wrecking Ass'n v. McGregorCourt of Appeals for the Sixth Circuit · 1913

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

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