The South Portland

Citations

• 111 F. 767
• 1901 U.S. Dist. LEXIS 103

Syllabus

<p>1. Seamen—Refusal to Pisrfoem Contract for Service—Coercion i?y Imprisonment.</p> <p>Since the passage of Act Dec. 21, 1898 (2 Supp. Rev. St. 897), there is no authority for the imprisonment of a seaman for refusing to farther perform his contract for service on a ship when at any port; and such imprisonment at the instance of the master, whether through judicial process or otherwise, is a violation of his personal rights which renders the vessel liable in damages.</p> <p>2. Same—Damages.</p> <p>Libelants shipped as seamen for a voyage to Alaslcan ports and return. On reaching a port in Alaska they refused to further perform their contract, and ° announced their intention to leave the vessel on the ground that she was nnseaworthy and unsafe. The master procured a warrant from the commissioner, under which libelants were arrested and imprisoned until the vessel left, when they were returned on board. They served during the remainder of the voyage, and were then discharged and paid in full. They were in fact not justified in their attempt to quit the vessel, and the master acted in good faith and under legal advice; neither he nor the attorney having knowledge that the law permuting such procedure had been repealed. Held that, under the circumstances, libelants would be awarded 810 each as damages for their illegal imprisonment.</p>