osceola
argued
december
decided
march
libel
rem
filed
district
eastern
district
wisconsin
admiralty
propeller
osceola
recover
damages
personal
injury
sustained
one
patrick
shea
seaman
board
vessel
negligence
master
case
resulted
decree
libellant
appeal
taken
owners
circuit
appeals
certified
certain
questions
arising
upon
following
statement
facts
owners
supplied
vessel
movable
derrick
purpose
raising
gangways
vessel
port
order
discharge
cargo
appliance
every
respect
fit
suitable
purpose
intended
furnished
used
time
injury
good
repair
condition
gangways
raised
derrick
feet
long
lengthwise
ship
feet
high
weighed
pounds
month
december
vessel
voyage
bound
port
milwaukee
within
miles
port
open
lake
master
vessel
ordered
forward
port
gangway
hoisted
means
derrick
order
vessel
might
ready
discharge
cargo
immediately
upon
arrival
dock
time
vessel
proceeding
rate
miles
hour
head
wind
miles
hour
supervision
mate
crew
including
appellee
patrick
shea
one
crew
proceeded
execute
order
master
derrick
set
place
raise
gangway
soon
gangway
swung
clear
vessel
front
end
caught
wind
turned
outward
broadside
wind
force
wind
pushed
aft
pulled
derrick
falling
struck
injured
libellant
negligence
consisted
solely
order
master
derrick
used
gangway
hoisted
vessel
yet
open
sea
operation
might
impeded
interfered
wind
mate
crew
executing
orders
master
vessel
acted
respects
properly
guilty
negligence
performance
work
libel
charged
negligence
upon
owners
vessel
permitting
work
unshipping
said
gangway
done
said
vessel
sea
running
wind
owners
present
upon
vessel
master
part
owner
vessel
contended
vessel
owners
liable
every
improvident
negligent
order
captain
course
navigation
management
vessel
questions
law
upon
desired
advice
instruction
whether
vessel
responsible
injuries
happening
one
erew
reason
improvident
negligent
order
master
respect
navigation
management
vessel
whether
navigation
management
vessel
master
vessel
crew
fellow
servants
whether
matter
law
vessel
owners
liable
appellee
patrick
shea
one
crew
vessel
injury
sustained
reason
improvident
negligent
order
master
vessel
ordering
directing
hoisting
gangway
time
circumstances
declared
say
assumption
order
made
improvident
negligent
charles
van
alstine
appellants
john
roemer
appellee
justice
brown
delivered
opinion
view
take
case
find
necessary
express
opinion
upon
first
third
questions
substance
whether
vessel
liable
rem
one
crew
reason
improvident
negligent
order
master
directing
hoisting
gangway
discharge
cargo
arrival
vessel
dock
heavy
wind
libel
rem
unnecessary
determine
whether
owners
liable
action
personam
either
admiralty
common
law
although
cases
upon
subject
wholly
irrelevant
rulings
district
correct
vessel
liable
rem
injuries
liability
must
founded
either
upon
general
admiralty
law
upon
local
statute
state
within
accident
occurred
admiralty
law
upon
subject
must
gathered
accepted
practice
courts
admiralty
home
abroad
bound
answering
question
examine
sources
law
administration
courts
civilized
countries
apply
far
consonant
usages
principles
justice
bradley
observed
lottawanna
wall
sub
nom
rodd
heartt
ed
regard
legal
history
constitution
legislation
usages
adjudications
article
rules
oleron
sailors
injured
misconduct
cured
expense
might
discharged
master
order
commands
ship
company
service
ship
thereby
happen
wounded
otherwise
hurt
case
shall
cured
provided
cost
charges
said
ship
article
laws
wisbury
mariner
ashore
master
ship
service
happen
wounded
shall
maintained
cured
charge
ship
provision
injured
recklessness
may
discharged
obliged
refund
received
practically
provision
found
article
laws
hanse
towns
marine
ordinances
louis
xiv
book
iii
title
article
treatise
upon
sea
laws
published
pet
dec
neither
ancient
codes
appear
distinction
injuries
received
accidentally
negligence
appear
seaman
indemnified
beyond
wages
expenses
maintenance
cure
also
left
dark
whether
seaman
case
recourse
ship
remitted
action
owners
modern
french
commercial
code
art
paid
wages
receive
medical
treatment
expense
ship
fall
sick
voyage
injured
service
vessel
commenting
upon
article
goirand
says
commentaries
upon
french
code
sailor
falls
ill
sailing
vessel
right
wages
becomes
ill
voyage
fault
paid
wages
tended
expense
ship
left
shore
ship
also
liable
expense
return
home
article
treatment
accorded
sailors
wounded
injured
service
ship
expenses
treatment
dressing
chargeable
ship
alone
ship
cargo
according
whether
wounds
injuries
received
service
ship
alone
ship
cargo
similar
provisions
found
italian
code
article
belgian
article
dutch
articles
brazilian
article
chilian
article
argentine
article
portuguese
article
spanish
articles
german
articles
codes
notably
portuguese
argentine
dutch
expenses
made
charge
upon
ship
cargo
freight
considered
subject
general
average
argentine
code
article
sailor
also
entitled
indemnity
beyond
wages
cure
case
mutilation
german
code
appears
entitled
indemnity
cases
injuries
incurred
defense
ship
dutch
code
sailor
disabled
entitled
damages
judge
shall
deem
equitable
provision
liability
case
injuries
received
sailor
wilful
misconduct
except
indicated
countries
expense
maintenance
cure
seem
constitute
privilege
lien
upon
ship
since
french
code
article
classifying
privileged
debts
vessels
mentions
made
lien
personal
injury
continental
south
american
codes
differ
materially
french
particular
probably
however
expenses
maintenance
cure
regarded
mere
incident
wages
undoubtedly
privilege
english
merchants
shipping
act
vict
chap
subd
master
seaman
apprentice
receives
hurt
injury
service
ship
belongs
expense
providing
necessary
surgical
medical
advice
attendance
medicines
subsistence
cured
dies
brought
back
port
kingdom
shipped
kingdom
shipped
british
possession
port
possession
conveyance
port
expense
burial
shall
defrayed
owner
ship
without
deduction
account
wages
master
seaman
apprentice
provisions
british
law
seem
practically
identical
continental
codes
english
courts
owner
held
liable
injuries
received
unseaworthiness
vessel
though
engligence
master
treated
fellow
servant
owner
responsibility
injuries
received
unseaworthiness
ship
imposed
upon
owner
merchants
shipping
act
vict
chap
wherein
every
contract
service
express
implied
owner
ship
master
seaman
thereof
obligation
implied
reasonable
means
shall
used
insure
seaworthiness
ship
voyage
hedley
pinkney
sons
action
common
law
beyond
however
find
nothing
english
law
indicate
ship
owners
liable
indemnity
injuries
received
negligence
otherwise
service
ship
none
given
admiralty
jurisdiction
act
although
seems
action
admiralty
lie
master
personam
assault
committed
upon
passenger
seaman
agincourt
hagg
lowther
castle
hagg
feature
law
adopted
general
admiralty
rule
declaring
suits
assault
beating
high
seas
elsewhere
within
admiralty
maritime
jurisdiction
suit
shall
personam
england
master
crew
also
treated
fellow
servants
hence
follow
action
lie
member
crew
either
owners
ship
injuries
received
negligence
master
hedley
pinkney
sons
otherwise
however
lreland
ramsay
quinn
ir
scotland
master
regarded
vice
principal
leddy
gibson
sess
cas
series
statutes
contain
provision
upon
subject
liability
ship
owners
damages
occasioned
negligence
captain
member
crew
recent
cases
analogies
english
continental
codes
followed
recovery
limited
wages
expenses
maintenance
cure
earliest
case
upon
subject
harden
gordon
mason
fed
cas
justice
story
held
claim
expenses
cure
case
sickness
constituted
contemplation
law
part
contract
wages
admiralty
rightful
jurisdiction
action
personam
master
owner
wages
expenses
occasioned
sickness
plaintiff
foreign
port
course
voyage
allowed
question
indemnity
arise
case
held
upon
authority
continental
codes
intrinsic
equity
doubt
seaman
right
expenses
sickness
case
followed
george
sumn
fed
cas
reed
canfield
sumn
fed
cas
though
last
case
involve
question
indemnity
justice
story
delivering
opinion
remarked
sickness
injury
may
occasion
temporary
permanent
disability
ground
indemnity
owners
liable
expenses
necessarily
incurred
cure
cure
completed
least
far
ordinary
medical
means
extend
owners
freed
liability
sense
liable
consequential
damages
question
cases
expenses
virtually
incurred
cure
question
indemnity
however
fully
considered
judge
brown
southern
district
new
york
city
alexandria
fed
action
rem
personal
injuries
received
cook
falling
fore
hatch
hold
held
upon
principles
claim
sustained
negligence
accident
occurred
fellow
servants
engaged
common
employment
however
went
consider
whether
negligence
upon
recognized
principles
maritime
law
entitled
libellant
compensation
ship
owners
cases
arising
unseaworthiness
going
continental
codes
cases
cited
others
judge
brown
came
conclusion
find
authority
ancient
modern
codes
recognized
decisions
maritime
law
allowance
consequential
damages
resulting
wounds
hurts
received
board
ship
whether
arising
ordinary
negligence
seaman
others
ship
company
considering
frequency
accidents
lasting
injuries
arising
many
cases
absence
authority
holding
vessel
liable
beyond
stated
evidence
strongest
character
liability
maritime
law
exists
general
rule
seaman
receiving
injury
performance
duty
entitled
treated
cured
expense
ship
enforced
atlantic
abb
fed
cas
though
said
case
nevitt
clarke
olcott
fed
cas
privilege
cured
continues
longer
right
wages
contract
particular
case
ben
flint
abb
biss
fed
cas
claim
cured
expense
ship
held
applicable
seamen
employed
lakes
navigable
rivers
within
see
also
brown
overton
sprague
fed
cas
croucher
oakman
allen
brown
bradish
johnson
woods
fed
cas
edith
godden
fed
vessel
held
liable
rem
personal
injuries
received
neglect
owner
furnish
appliances
adequate
place
occasion
used
words
unseaworthiness
readily
distinguishable
previous
case
city
alexandria
fed
line
english
american
authorities
holding
owners
responsible
seamen
unseaworthiness
ship
appliances
titan
blatchf
fed
ship
held
liable
deck
hand
injured
collision
occasioned
partly
fault
vessel
question
general
liability
discussed
assumed
case
noddleburn
sawy
fed
question
jurisdiction
pressed
counsel
merely
stated
submitted
case
put
upon
ground
accident
occasioned
master
knowingly
allowing
rope
remain
insecure
condition
vessel
consequently
unseaworthy
olson
flavel
sawy
fed
libellant
allowed
recover
damages
personal
injury
suffered
employed
mate
negligence
part
respondent
appears
providing
proper
appliances
case
one
really
unseaworthiness
case
heaton
fed
seaman
allowed
recover
consequential
damages
negligence
owners
providing
suitable
appliances
although
opinion
delivered
justice
gray
seems
assume
right
seaman
recover
masters
owners
injuries
caused
wilful
negligent
acts
case
however
one
injuries
arising
unseaworthiness
although
learned
judge
discussion
draw
distinction
cases
arising
unseaworthiness
ship
negligent
act
master
interesting
note
julia
fowler
fed
seaman
employed
scraping
main
mast
triangle
surrounding
mast
allowed
recover
breaking
rope
held
triangle
precipitated
libellant
deck
case
almost
precisely
similar
kalleck
deering
mass
owners
held
liable
injury
caused
nogligence
mate
constructing
triangle
ordering
seaman
use
frank
willie
fed
ship
held
liable
sailor
injured
negligence
mate
providing
safe
means
discharging
cargo
opinion
delivered
judge
brown
also
author
opinion
city
alexandriz
fed
case
reconciled
upon
ground
question
really
one
unseaworthiness
negligence
upon
full
review
however
english
american
authorities
upon
questions
think
law
may
considered
settled
upon
following
propositions
vessel
owners
liable
case
seaman
falls
sick
wounded
service
ship
extent
maintenance
cure
wages
least
long
voyage
continued
vessel
owner
english
american
law
liable
indemnity
injuries
received
seamen
consequence
unseaworthiness
ship
failure
supply
keep
order
proper
appliances
appurtenant
ship
scarff
metcalf
members
crew
except
perhaps
master
fellow
servants
hence
seamen
recover
injuries
sustained
negligence
another
member
crew
beyond
expense
maintenance
cure
seaman
allowed
recover
indemnity
negligence
master
member
crew
entitled
maintenance
cure
whether
injuries
received
negligence
accident
observed
cases
departure
made
continental
codes
allowing
indemnity
beyond
expense
maintenance
cure
cases
arising
unseaworthiness
departure
originated
england
merchants
shipping
act
quoted
couch
steel
el
bl
hedley
pinkney
sons
asp
cas
country
general
consensus
opinion
among
circuit
district
courts
exception
made
general
principle
obtaining
favor
seamen
suffering
injury
unseaworthiness
vessel
disposed
disturb
wholesome
doctrine
contrary
decision
insisted
however
lien
given
upon
vessel
local
statute
wisconsin
rev
stat
repeating
previous
statute
upon
subject
provides
every
ship
boat
vessel
used
navigating
waters
state
shall
liable
damages
arising
injuries
done
persons
property
ship
boat
vessel
claim
damages
shall
constitute
lien
upon
ship
boat
vessel
shall
take
precedence
claims
liens
thereon
accident
happened
within
miles
port
milwaukee
constitution
wisconsin
fixes
center
lake
michigan
eastern
boundary
state
doubt
vessel
navigating
waters
state
time
accident
vital
question
case
whether
damages
arose
injury
done
persons
property
ship
boat
vessel
statute
doubtless
primarily
intended
cover
cases
collision
vessels
structures
affixed
land
cases
damage
done
ship
offending
thing
persons
property
outside
ship
negligence
mismanagement
ship
officers
seamen
charge
hold
applies
injuries
suffered
member
crew
board
ship
give
act
effect
beyond
ordinary
meaning
words
used
apply
instance
injuries
received
falling
open
hatchway
block
blown
seaman
force
wind
though
accident
either
case
might
resulted
negligence
master
think
act
particular
uses
language
section
english
admiralty
act
declares
high
admiralty
shall
jurisdiction
claim
damage
done
ship
construing
act
held
admiralty
applies
damages
occasioned
vessel
coming
collision
pier
uhla
eccl
note
also
cases
personal
injury
sylph
eccl
diver
engaged
diving
river
mersey
caught
paddle
wheel
steamer
suffered
considerable
injury
case
personal
injuries
sustained
seaman
falling
hold
vessel
owing
hatchway
insufficiently
protected
theta
prob
loss
life
vera
cruz
prob
div
indicated
statute
confined
cases
damage
done
charge
ship
ship
instrument
cases
damages
done
board
ship
within
meaning
act
damages
done
ship
case
consideration
damage
done
ship
ordinary
sense
word
gangway
may
assumed
ordinary
appliance
ship
blown
libellant
force
wind
results
first
third
questions
must
answered
negative