The European

Citations

• 120 F. 776
• 57 C.C.A. 140
• 1903 U.S. App. LEXIS 4532

Syllabus

<p>1. Shipping — Who are Passengers — Seamen Returned under Contract.</p> <p>Citizens of the United States, who shipped as horsemen on an English, ship to care for horses and mules during a voyage from New Orleans to-South Africa under a contract that they should be returned free to an American port, subjected themselves to the English law, and during the-time of their service were to be considered and treated as.British subjects; but their term of service ended at the end of the voyage in South Africa, the passage home being a part of their compensation, and on the voyage-home they were passengers, and their rights as such were governed by the laws of the United States.</p> <p>2. Same — Carriage op Passengers — Liability for Furnishing Improper Food..</p> <p>Act Aug. 2, 1882, 22 Stat. 186 [U. S. Comp. St. 1901, p. 2931], to regulate the carriage of passengers by sea from a foreign port to a port of the United States, provides in section 4 that if any such passengers shall at any time during the voyage be put on short allowance for food and water, except in cases of necessity, the master shall pay each passenger $3 for each and every day of such short allowance. Held, that the furnishing to passengers, without necessity, of bad or improper food, which was-unfit to eat, was equivalent to putting them on short allowance, and entitled them to recover as damages an amount equal to that fixed by the statute.</p>