The Governor Ames
| Decision Date | 31 March 1891 |
| Citation | 55 F. 327 |
| Court | United States District Court, District of Washington, Northern Division |
| Parties | THE GOVERNOR AMES v. THE GOVERNOR AMES. PAULSON |
W. V Rinehart, Jr., for libelant.
John M Gearin, for claimant.
From the evidence in this case, I find that the libelant was hired at San Francisco to serve as an able seaman, on board the schooner Governor Ames, for a voyage from San Francisco to Puget sound, thence to Australia, and return to an American port on the Pacific coast. The wages contracted for were to be at the rate of $40 per month until the vessel should be loaded at Puget sound for the contemplated voyage to Australia, and from that time, until the termination of the contract, at the rate of $30 per month. The shipping articles signed by the libelant do not conform to the requirements of the United States statutes and are insufficient to constitute a valid contract; but the document in evidence serves as a memorandum to corroborate the libelant's testimony as to the terms of the verbal contract of hiring entered into between the signers and the master. It shows that the vessel was to be employed on such a voyage as I have described, and that it was contemplated that the libelant should go in her as an able seaman, and receive wages as above stated. Pursuant to this contract, the libelant went on board, and served faithfully until he was injured by being struck by a heavy timber while doing his work in the hold, stowing her cargo of lumber, which she was to carry to Australia, in consequence of which he was, by the captain's orders removed to the marine hospital at Port Townsend, and there paid the amount of wages earned during the time he was actually employed.
The libel charges that the injury was caused by negligence on the part of the officers of the vessel, and on this ground he claims to be entitled to recover compensation for an injury causing permanent disability. I find it unnecessary to decide whether or not there was negligence on the part of any officer or member of the crew, or whether the libelant contributed in any to his own injury by negligence on his part. The law governing cases such as this is well stated in the following extract from the opinion of Judge Brown, of the southern district of New York, in the case of the City of Alexandria, 17 F. 396:
...
To continue reading
Request your trial
-
Demer v. Pacific S.S. Co.
...Universal Ins. Co., 1 Pet. (26 U.S.) 170, at 183 and 184, 7 L.Ed. 98; Olson v. Oregon Coal & Nav. Co., 104 F. 574, 44 C.C.A. 51; The Governor Ames, 55 F. 327; The Santa (C.C.A.) 263 F. 369; John A. Roebling's Sons Co. of N.Y. v. Erickson (C.C.A.) 261 F. 986), yet the reason for both require......
-
The C. S. Holmes
... ... Oregon Coal & Nav ... Co., 104 F. 574, 44 C.C.A. 51; The Queen (D.C.) 40 F ... 694; Quinn v. Lighterage Co. (C.C.) 23 F. 363; The ... Governor Ames (D.C.) 55 F. 327; The Bunker Hill (D.C.) 198 F ... 587; The City of Alexandria (D.C.) 17 F. 390; The C. S ... Holmes (D.C.) 209 F. 970, ... ...
-
The C. S. Holmes
... ... reserved in The Osceola, 189 U.S. 158 (23 Sup.Ct. 483, 47 ... L.Ed. 760). ' The Bunker Hill (D.C.) 198 F. 587 ... In The ... Governor Ames (D.C.) 55 F. 327, Judge Hanford held that there ... could be no recovery for the negligence of the officers of a ... [209 F. 972] ... ...
-
Olsen v. Whitney
... ... The City of ... Alexandria (D.C.) 17 F. 390; The Robert C. McQuillen (D.C.) ... 91 F. 688; The Governor ... [109 F. 81.] ... Ames (D.C.) 55 F. 327; Longstreet v. The R.R. Springer ... (D.C.) 4 Fed. 671; Neilson v. The Laura, 2 ... Sawy. 242, Fed ... ...