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S.D. New York· 5/2/1904

The Express

Citations

  • 129 F. 655
  • 1904 U.S. Dist. LEXIS 310

Syllabus

<p>1. Seamen — Wages—Penalty foe Refusing to Pay without Sufficient Cause.</p> <p>Libelants were hired as deck hands on a steamer making daily trips between New York and another port at $30 per month, and after working six days left the service without the consent of the master. Held, that the refusal of the owner to pay them wages for the time they worked did not subject him to the penalty imposed by Rev. St. § 4529, as amended U. S. Comp. St. 1901, p. 3077, for refusing and neglecting to pay seaman’s wages when due without sufficient cause, there being reasonable ground, at least, for the owner’s claim that libelants’ contract was one from month to month, and that they had no right to abandon the service before the end of the month.</p>

Judges: Holt

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