Buddington v. Smith
Supreme Court of Connecticut
This was an action of assault and battery and false imprisonment. The defendant pleaded the general issue, with notice of special matter in justification. The cause was tried at Norwich, March term, 1839, before Bissell, J. The defendant, at the time mentioned in the declaration, was master and in the actual command of the whaling ship Bingham, then on a voyage; and the plaintiff was, at the same time, a mariner on board that ship.
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This was an action of assault and battery and false imprisonment. The defendant pleaded the general issue, with notice of special matter in justification. The cause was tried at Norwich, March term, 1839, before Bissell, J. The defendant, at the time mentioned in the declaration, was master and in the actual command of the whaling ship Bingham, then on a voyage; and the plaintiff was, at the same time, a mariner on board that ship. On the trial, the plaintiff having offered evidence to prove, that he had been beaten, by the defendant, as alleged in the declaration; the defendant, in his…
1Opinion of the Court
Williams, Ch. J.
The objection to the charge of the court, in this case, is directed to that part of it, where the jury were told, that the master of a ship in a foreign port had a right to imprison a mariner* on shore; but that such right could be exercised only in cases of flagrant offences, and where there is a positive necessity of removing the party offending from the ship to a place of confinement on shore. The defendant objects to the principle of the charge, and to its generality. He seems to suppose, that because the master may imprison a seaman on board, he may also confine him on…
2Cases cited2 opinions
- Michaelson v. DenisonU.S. Circuit Court for the District of Connecticut · 1808
- United States v. RugglesU.S. Circuit Court for the District of Rhode Island · 1828
3Cited by5 opinions
- Southern Steamship Co. v. National Labor Relations BoardSupreme Court of the United States · 1942
- Southern S. S. Co. v. National Labor Relations BoardCourt of Appeals for the Third Circuit · 1941
- Latty v. Emergency Fleet Corp.District Court, D. Massachusetts · 1922
- Southern S. S. Co. v. National Labor Relations BoardCourt of Appeals for the Third Circuit · 1941
- Southern Steamship Co. v. National Labor Relations BoardSupreme Court of the United States · 1942