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10 Mass. 79

Wilson v. Bragdon

Massachusetts Supreme Judicial Court · decided 1813-05-15

Assumspit for the wages of a seaman. In a cáse stated by the parties, it was agreed that the plaintiff shipped on board the brig Cornelius, at York, on the 25th of April, 1810, for the monthly wages of twenty dollars, the defendant being the master thereof. The brig was bound for Gottenburg and a market, and back to the United States. On her return from St. Petersburg, she touched at Elsineur, where were several American vessels, also bound home.

Cited by 1 later decisions — most recently December 1877

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1813-05-15

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By the Court.

¶1The plaintiff is entitled to his wages up to the 20th of November, when the vessel arrived at her port of discharge. By going as a volunteer on board the Augustus, he assumed the risk of a longer detention, (a)

¶2ADDITIONAL NOTE.

¶3[See Harris vs. Ive, 1 Har. Woll, 238. — Jessee vs. Roy, 1 C. M. & R. 263.— Sherman vs. Bennett, M. & M. 849. — F. H.]

¶4[In Brooks vs. Dorr & Al., (2 Mass. Rep. 39,) where the mariner was taken from the ship by the captors, and never returned to the ship after she had been released, but went home as soon as he was able so to do, it was held that he was entitled to his wages until his return home. See Shafford & Al. vs. Dodge Al., 14 Mass. Rep. 72. — Luscomb vs. Prince & Al., 12 Mass. Rep. 576. — In Hooper vs. Perley, (11 Mass. Rep. 545,) and Swift vs. Clark, (15 Mass. Rep. 173,) it was held that the seaman was entitled to his wages from the commencement of the voyage to the last port of delivery, and during half the time of the stay of the ship in that port, she having been afterwards captured. — And see Locke vs. Swan, 13 Mass. Rep. 76. — Moore vs. Jones Al., 15 Mass. Rep. 424.— See Wetmore & Al. vs. Henshaw, 12 Johns. Rep. 324. — Beale vs. Thomson, 3 Bos. & Pul. 430. — 4 East. 546—562. — Chandler vs. Greaves, 2 H. Bl. 606, n. — Bergestrom vs. Mills, 3 Esp. Rep. 36. — The Friends, 4 Rob. Ad. R. 143. — Watson vs. The Rose, 1 Pet. Ad. R. 132. — Girard vs. Ware, 1 Pet. R. 142. — Ed.]

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