Hand's Case

Citations

• 266 Pa. 277
• 109 A. 692
• 1920 Pa. LEXIS 551

Syllabus

<p>Practice, Supreme Court — Certiorari—Act of April 18, 1919, P. L. 72 — Findings of fact — Evidence—Review—Conclusions of law.</p> <p>1. Under the Act of April 18, 1919, P. L. 72, this court, on certiorari, will not overrule findings of fact which have evidence to sustain them; but will review conclusions of law based upon undisputed facts.</p> <p>2. Where the material facts are undisputed this court will enter a final order and not remit the ease to the court below for that purpose.</p> <p>Commissioners of navigation¡. — Powers — Money award against licensed pilot — Excessive pilotage fees — Suspension of pilot — Period of suspension — Refund of excessive fees.</p> <p>3. The Board of Commissioners of Navigation has no power to make a money award against a licensed pilot; but if he has collected money to which he is not entitled they may suspend him until he refunds it.</p> <p>Commissioners of navigation — Jurisdiction—Differences between masters of ships and pilots — Act of June 8, 1907, P. L. 1/-69.</p> <p>4. The differences between “masters, owners and consignees of ships and pilots,” which the Board of Commissioners of Navigation may pass upon and decide, under the Act of June 8, 1907, P. L. 469, are differences regarding the actions of the pilot, and they may be considered whether or not a suit at law could successfully be maintained in regard thereto.</p> <p>Pilots — Compensation—Amount—Statute — Rule of Board of Navigation Commissioners — Charge for constructive pilotage.</p> <p>5. A licensed pilot has no right to demand or receive any compensation except as provided by statute, or by rule of the Board of Commissioners of Navigation passed in pursuance thereof.</p> <p>6. A licensed pilot has no right to charge for an alleged constructive pilotage, or as upon an implied contract between him and the vessel, such matters not being provided for by statute or rule of the board.</p> <p>7. The statutes as to pilotage charges reviewed.</p>