235 F. 385 (9th Cir. 1916), 2680, Union Fish Co. v. Erickson

Docket Nº:2680.
Citation:235 F. 385
Party Name:UNION FISH CO. v. ERICKSON. [1]
Case Date:August 14, 1916
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit

Page 385

235 F. 385 (9th Cir. 1916)




No. 2680.

United States Court of Appeals, Ninth Circuit.

August 14, 1916

H. W. Hutton, of San Francisco, Cal., for appellant.

F. R. Wall, of San Francisco, Cal., for appellee.

Before GILBERT, ROSS, and MORROW, Circuit Judges.

ROSS, Circuit Judge.

The appellant, as shown by the record, is a California corporation having its principal place of business at the city of San Francisco, engaged in fishing, and having a salting station at Pirate Cove, Alaska, and owning at the times in question a certain American vessel called the Martha. The ground of the libel, which was filed in the court below by the appellee, is as follows:

'That in the month of May, 1914, at said San Francisco, said respondent and said libelant entered into an oral contract or agreement of hiring, wherein and whereby it was mutually agreed that said libelant was to proceed to Pirate Cove, Alaska, and after arrival there to serve the respondent as master of said schooner Martha for a period of not less than one year, and also during said time to assist the manager of said respondent's salting station at said Pirate Cove when possible to do so without interfering with libelant's duties as said master of said schooner; that it was further agreed by said respondent and said libelant that said libelant was, during said time, to receive for said services wages at the rate of $55 a month and board and lodging for himself and his wife, and, at the end of not less than one year, transportation from said Pirate Cove to said San Francisco; that in accordance with said agreement said libelant proceeded to said Pirate Cove, where he arrived on or about the 12th day of June, 1914, and thereupon entered upon the performance of his duties as aforesaid, and continued to perform the same until the 18th day of July, 1914, when libelant was, by said respondent without fault on libelant's part, discharged from the services of said respondent, and libelant and his wife were thereupon by said respondent furnished with

Page 386

transportation from said Pirate Cove to said San Francisco; that said respondent has paid libelant the aforesaid wages at the rate of $55 a month up to and including the 15th day of July, 1914, and furnished board and lodging to said libelant and his wife up to August 5, 1914, and for no further or other time; that on...

To continue reading