Heino v. Libby, McNeill & Libby

Citations

• 116 Wash. 148
• 205 P. 854
• 1921 Wash. LEXIS 1061

Syllabus

<p>Seamen (2)—Shipping Articles—Contracts—“Merchant Ships” —What Law Governs. A vessel engaged in domestic commerce between ports of one state and noncontiguous territory is a merchantman subject to the operation of maritime law, and the shipping regulations promulgated by the United States statutes.</p> <p>Same (2)—Articles—Performance of Contract—Survey—Abandonment of Ship—Seaworthiness—Evidence—Sufficiency. Where shipping articles are signed by men employed as seamen, fishermen, beaehmen and trapmen, under a contract to sail a vessel from Seattle to a port in Alaska, work during the fishing season as fishermen, beaehmen or trapmen, and at the close of such season sail the vessel back to Seattle, the contract as a whole is of a maritime character, notwithstanding the extra provisions covering fishery services.</p> <p>Same—Wages—Forfeiture. Seamen employed under shipping articles' to sail a vessel on the return voyage from an Alaskan port to Seattle, have no justification for abandoning their contract on the ground of the unseaworthiness of the vessel, where a survey of the vessel was made by three disinterested master mariners, and also by a board of survey consisting of the commander of a U. S. coast guard cutter and three other officers of his ship, the surveyors in both instances finding the vessel seaworthy and fit to make the voyage from Alaska to Seattle; and their refusal to serve as seamen, without making any demand for a survey, constituted them deserters under the statutes of the United States.</p> <p>Same—Wages—Forfeiture—Desertion. A deserting seaman not only forfeits his wages or emoluments which he has earned, but also forfeits the right to recover upon a quantum meruit for services rendered in part performance of his contract.</p> <p>Same—Wages—Issuance of Certificates—Effect. Labor certificates issued to a crew of seamen and fishermen, stating the amounts that would become due them on fulfillment of their contract would not estop the employer to de