PJ...UTt1., THE. GEORGIA.
PLATT
and ,'Others
11. TH;E'GEORGIA.Q
(Di8triot Oourt.E. D',New York. MARrrIME
4, 1887,)
The services of the quarantine commissioners, in the care and treatment of sick seamen in the quarantine hospitals, are maritime in their character, and the lien of tho commissioners on the vessel, arising out of such, services. requiredbystate statute,ca,neonsequently be enforced by a proceeding in admiralty. . " ' . I.!.! .
COlQlISSIONERS-CARE OF SIQK SEAMEN.
Goodrich, for libelants. Sidney'Ohmbb, for claimant. R. D.Bfm;edict, for libelant in another suit. BENEDICT, J. This is a proceeding in against by certain officers of the state of New York, designated c'commissioners of quarantine," to enforce a lien for the care anll treatment of some sick members of the crew of that vessel, who, by direction of the health port C!f New York, were sent tooneoftllequarantin,e);lOsY'orj,{,harbo,r, .and there. treated, and p1[1.intained;' 'the vessel sickness on board. 'There IS no, 'as to the facts"and upon the facts a lien upon We vessel in favor ,libelants is,created pya J:1rovision in'the statute of the state of New Yorlt: The ,only questiqu in this case is whether a, lien of the charaqter .in tion, prea.tedpy, the state be enforcell by a proce,edillgin the It. can be soeAfoi-ced it the thisCllSe the maritime in character; otherwis,e not. . see, no 'reason to', douqtthepropriety of. holding services to They in the care and 'med,ieal treatmentofseaniim Tpe seaple,n were, so, care4JqrandJreate4:by reason of in, the, course of the voyage. Then care treatmenh therefore,devqlved on the vessel'by tIie, ,maritime la'w,;aJ;ldfor that. reaspn ,thei\' cpre by tbe, should -be,collsidered a Inaritime service. va,rti,cular services by the qual:antine lAws Qithestate to be rendered before the vessel could be allowed 'to complew Jier :,cparges inight wen be deeme<i port char.pi in the, due course of per voyage, ,ges, and for reason lD then character. My opinion, therefore, that the libelants have a uPoIl,the vessel whichm,ll!y by
rem
Edward G. "
of the Ne'WYork bar.
80
MORTON V.THlll RO'1'HEMAy.
'(lJi6triot Oourt, 8. lJ. New York. FebJ;ull.rY6, 1888.) . SSAlfEN-OLAIM: FOR WAGES-DESERTION-CRUEL Tl\E:ATMENT.
As .for wages, the defe.nse set up was desertion. Libelant claimed that he left the vessel on account of cruel treatment by the master. As the cruelty alleged by libelant rested solely on his own evidence, was denied by the master, mllte, and steward, their,evidence not being reputted by libelant, and none ofhisshipmattls being called to corroborate him, held. that his claim, resting on such testimony., was 'too uncertain,andtoo much open to suspicion as to his good faithi to be allowed, and th!ilibel sh.ould . '. . ".. . . " . be dismissed.
Willis' '11:' DiYwd, for libelatlt. J. R.Wdlker,' for !':. J ·
.Lihelfor *liges. .1:
'/
BioWN,J;" :'1'lie'lihellintsues for a balance of wages due ish on. h6ard ofwhich he shipped lQr three years. On aqivalat ,New York, aftar oeingtwo months abroad, he left the ship, iindmosibf'the ... Hiswrtgesbythe articles were £2 lOs., perD}Qnth: The current itt NewYdrkwas $30. The is ·. The.1ibeJa·lit 'vas ,not regularly disr,hargad. The excuse for leavingisaP.eged 'cruel'trelitment, viz., that he was triced up by the ,masterJor II: c,6mparat1fely trifling, offense, his 'liands being handcuffed behind '8 toparove and carried over some skids, and then lifted ul;>, sot?at he rested only his toes, causing great suffering. . If the 'extent 'alleged by the seaman Were proved, .1 should hesiUttli to regard the Case as ohe bf desertion. The captain, mate"andste",ard, hO",ever,ttll testify that thldiMlantwas not at all llfted up; b?t feet. The stew/trd testified that part ()ithe .tjrpecl1e W'asdancing ll. . TIle libelant, Was present when this had opportunity to'deny'orrebutit,but did dQ ,aha his story is notconfirmedbyaiiy other witnesses among hismanyt;ompanl0ns,whonlnst have ofthElfacts. A&r two weeks ashorene,shipped higher wages;','l'bere is too trltidb: uncertainty a,s to the resting':UponsuchundortQbo-. libellwt'e claim 'of rated statements of his own, at1d.too·much roonHot stispicioo'astdh1's good faith, in the tJ:1e case'I,towarrallt,a dE1cree in his favor, and the libel must, tnerefore, be dismissed.' .' 1
Reported by Edward 0.. Benediot, Esq., of the New York bar.