¶1(District, Court, E. D. New York.
¶21. Desertion — Forfeiture of 'Wages.
¶3Where an assistant engineer of a steam-ship, after a disagreement with the chief engineer, was. ordered oil duty, and left, hut did not leave the vessel, and afterwards the chief engineer requested him to go to work again, hut he refused, and being sent for by the captain was told that he must go to work or leave the ship, whereupon he left and brought an action to recover his wages:
¶4Held, that his refusal to return to his duty, and his leaving of the ship thereafter, make out a case of desertion and entail forfeiture of wages earned.
¶5A. L. Bowie, for libellant.
¶6Ullo, Reynand á Harris, for respondent.
¶8The evidence docs not show facts that entitled the libellant to refuse to do the work for which he had shipped. His refusal to re turn to his duty when directed so to do, and thereafter leaving the ship, make out a case of desertion and entail a forfeiture of the wages already earned.
¶9The libel is accordingly dismissed.