The Thrasher
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the Northern District of California. Edward C. Dean, appellant, brought a libel in rem against the whaling vessel Thrasher to recover $000 damages on account of alleged breach of the contract of good treatment.
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Appeal from the District Court of the United States for the Northern District of California. Edward C. Dean, appellant, brought a libel in rem against the whaling vessel Thrasher to recover $000 damages on account of alleged breach of the contract of good treatment. Appellant’s allegations are, in effect, that he was a mariner, and, after signing shipping papers, went aboard the Thrasher in ¡he month of February, 1908, to go as a seaman for a whaling voyage in the North Pacific and Arctic Oceans: that in April, 1908, while the vessel was in Bering Sea. fast in ice, with the temperature below…
1Opinion of the CourtHunt, District Judge
(after stating the facts as above). We will assume that appellant is correct in his position that sections 4596 and 4597 of the Revised Statutes of the United States of 1878, as amended by Act Dec. 21, 1898, c. 28, §§ 19, 20, 30 Stat. 760, 761 (U. S-. Comp. St. 1901, pp. 3113, 3115), relating to offenses of seamen and punishment therefor, are applicable to whalers as seamen, and that by section 26 of the act whaling- vessels are brought within its provisions, and Upon this assumption we will inquire whether the decision o-f the District Court should be overruled or not.
There was ample…
2Cases cited4 opinions
- In Re MillsSupreme Court of the United States · 1890
- United States v. WatkindsUnited States Circuit Court · 1881
- People ex rel. Miller v. MurphyIllinois Supreme Court · 1900
- People v. KeatingNew York Supreme Court · 1891
3Cited by3 opinions
- United States v. Terry Wayne Denson, Stephen Orlando and Joseph James Janish, Defendants- in Re United States of AmericaCourt of Appeals for the Fifth Circuit · 1979
- People v. Superior CourtCalifornia Court of Appeal · 1931
- United States v. Terry Wayne Denson, Stephen Orlando and Joseph James Janish, Defendants- in Re United States of AmericaCourt of Appeals for the Fifth Circuit · 1979