Curtis v. The American Bark Dirigo

Citations

• 3 D. Haw. 92

Syllabus

<p>Admiralty Hule 16: This rule applies to a libel for assault and battery within the jurisdiction of an admiralty court, when the treatment complained of is limited to a single occasion and is without the knowledge of the master, and such a suit must be in personam, even though it be brought for breach of the implied contract to treat the libelant humanely as an articled seaman. But where there is a continued course of ill treatment known to and tolerated by the master, the rule does not apply and libels for damages therefor may be brought in rem.</p> <p>Liability of ship for master’s negligence in engaging a mate of Imown brutal disposition, who afterwards assaults a seaman of such ship: Whether a ship may be held liable for assault and battery on a seaman, where the master hires a mate, knowing that he has a brutal disposition, who subsequently assaults and beats the seaman, — quaere.</p>