Soderman v. The American Bark Hawaiian Isles

Citations

• 3 D. Haw. 94

Syllabus

<p>Seaman’s suit for wages against ship: Action in rem begun against a vessel for seaman's wages one clay after the same became due, without allegations that the vessel hacl left port without payment of such wages or that she was about to proceed to sea before the end of ten days after the same were due. Held, under sections 4546 and 4547 R. S. IT. S., that the action was premature.</p> <p>Mate in charge of the watch on duty — Agency—Negligence—Liability of owners: A mate in charge of the watch on duty is not thereby the representative of the owners in place of the captain, in matters in which the negligence of such an agent would make the owners liable.</p> <p>Admiralty rule 16 — Action for breach of contract: 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 bo in personam, even though it is 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>Negligence of master in knowingly engaging an officer toith a reputation for brutality — Liability of owners: A master engaging a mate with a reputation for brutality known to the master, renders the owners liable for inexcusable assaults of such mate od members of the crew; but continuing a mate in the employ of the ship who had previously been convicted of assault on the same ship with the same master, the circumstances of such assault not being given to the court, is not such negligence on the part of the master as would make the owners liable for a second assault.</p> <p>Maintenance and cure of seaman injured in service of vessel — Liability of owners: Ship is liable for maintenance and cure of seaman injured in its service,