The David Evans

Citations

• 187 F. 775
• 109 C.C.A. 623
• 1911 U.S. App. LEXIS 4228

Syllabus

<p>1. Admiralty (§ 2S*) — Action in IIem--Breach of Shipping Art toles by Master.</p> <p>A seaman may maintain an action in rem against the vessel for breach of the slopping articles, in that the master did not treat, him with proper kindness, hut assaulted him.</p> <p>I Ed. Note. — For other cases, see Admiralty, Cent. Dig. §§ 278-288; Dec. Dig. S 28.* 1</p> <p>2. Seamen (§ —Shipping- Articles -Breach — Treatment by Master.</p> <p>Libelant, who was a seaman, became intoxicated while on shore leave, and on his return to the ship was violent and very abusive toward the captain, refused to go forward when ordered, and resisted when the cap-lain and mate undertook to lead him. The captain then procured a pair of handcuffs, lmt, when he attempted to put them on, libelant struck him in the face two or three times, and he then struck libelant; on the head with the handcuffs, inflicting slight injuries. IfcXiX, that the captain’s assault was justified, as repelling an attack in defense of his own person, and did r.ot entitle libelant to recover from the ship for breach of contract.</p> <p>[Ed. Note. — For other cases, see Seamen, Cent. Dig. §§ 195-211; Dec. Dig. § 30.*</p> <p>Discipline and punishment of seamen, see note to The John and Winthrop, 106 C. C. A. 8.]</p>