Rathbun v. Halvorson, 12963.

Citation181 F.2d 57
Decision Date12 April 1950
Docket NumberNo. 12963.,12963.
PartiesRATHBUN v. HALVORSON. THE PATSEA.
CourtUnited States Courts of Appeals. United States Court of Appeals (5th Circuit)

Lewis H. Fogle, Jr., Miami, Fla., John D. Marsh, Miami, Fla., R. R. Saunders, Fort Lauderdale, Fla., for appellant.

David M. Turner, Miami, Fla., for appellee.

Before HUTCHESON, Chief Judge, and WALLER and RUSSELL, Circuit Judges.

HUTCHESON, Chief Judge.

In a libel for the reasonable value of work and labor done by libelant upon, and for salary or wages due him as master of, the motor vessel "Patsea", $936.00 was claimed for work and labor done, and $1335.50 ($300.00 per month for five months less a credit of $164.50) was claimed for his service as master.

Appellant, claimant below, defended by denying the claims of libelant that he had been employed to do work and labor upon, and as master of, the vessel. In addition, freely conceding that libelant had done some work on the vessel and had skippered her on a joint pleasure trip to Buffalo, New York, which they with their wives had made, claimant, pleading fully the facts on which he relied,1 invoked the rule,2 that, where there is no express contract as to compensation, one will not be implied where (1) there are no circumstances or conduct warranting the inference of such a promise, (2) the circumstances or conduct warrant a contrary inference, or (3) it was understood by both parties that the services were to be gratuitous.

Referred to a special commissioner, testimony was fully taken orally, and a full report was filed, in which, canvassing the contentions of the parties in the light of the contradictory testimony given by each, the commissioner determined: that libelant had been employed in helping prepare the boat for the contemplated trip; that, pursuant to such employment, he had worked approximately 625 to 650 hours; that reasonable compensation for his services was $936.00; and that he should have judgment for that amount.

On the claim for wages as master of the vessel, the commissioner sustained claimant's position that the trip on the boat was a pleasure trip, undertaken as a joint venture with no agreement or understanding that libelant was to receive pay, but, on the contrary with the understanding that he was not to do so. So finding, he recommended against libelant's claim for wages.

The district judge, adopting the report of the commissioner, gave judgment for libelant for $936.00, the amount recommended by the commissioner, with costs.

The claimant, appealing from the decree, and recognizing...

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2 cases
  • Barber v. Motor Vessel" Blue Cat"
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • 31 January 1967
    ... ... Burdine v. Walden (The Atlantan), 5 Cir., 1937, 91 F.2d 321, 322, 1937 AMC 1149; see also Rathbun v. Halvorson (The Patsea), 5 Cir., 1960, 181 F.2d 57. The right to the security of a lien for wages ... ...
  • PENIN. & ORIENTAL STEAM NAV. CO. v. OVERSEAS OIL CAR., INC.
    • United States
    • U.S. District Court — Southern District of New York
    • 20 August 1976
    ... ... See, e. g., Rathbun v. Halvorson, 181 F.2d 57 (5th Cir. 1950); Kane v. M/V Leda, 355 F.Supp. 796 (E.D.La.1972), aff'd, ... ...

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