1 F. Cas. 474 | U.S. Circuit Court for the District of Massachusetts | 1854
This is. an appeal from a decree of the district court,
The counsel for the respondents in this case has prayed the opinion of the court upon the question, whether the court, in fixing the reasonable wages of the libellant upon a quantum meruit, will take into account certain circumstances which I will now state. It appears that the libellant shipped at Fairhaven, on board the bark. Belle, on the 10th of December, 1844, as cabin boy, for a whaling voyage, then expected not to exceed four years in duration.. In point of fact, instead of pursuing the usual course of whaling voyages, the catchings of the Belle were sent home from time to time, and her voyage was protracted, so that she did not return home until the 10th of September, 1S52, after an absence of nearly eight years. The libellant was about thirteen years of age when he shipped. After the expiration of about four years, the-libellant did seaman’s duty; and it is not denied by the respondents that he is entitled to a reasonable compensation therefore But they insist that this did not exceed a lay of 1-165. And they do deny that in fixing his compensation the court can take into consideration any wrong done to the libellant by his detention from home, and his consequent deprivation of the means of education, by reason of the protraction of the voyage for about four years beyond the-time for which the libellant shipped. Viewed as a breach of contract, laying a foundation, for a claim of damages, it is true the court cannot consider this subject-matter; for there are no allegations in the libel upon which to rest such a claim. But in determining what wages the respondents are reasonably entitled to recover, all the circumstances-bearing on that question are to be considered. The service, for which this compensation is to be awarded, began about four years before the return of the vessel. She was then in the Indian ocean, or perhaps-at Sidney, or one of the islands in that part of the world. Her men were all entitled to leave her, and most of them did leave her during the voyage. The difficulty of obtaining good hands to supply their places, considerably enhanced the value to the owners, of the plaintiff’s services. On the other hand, the long protracted absence of the libellant from home, and the disadvantage to him of remaining still longer, would naturally render him unwilling to serve for the same compensation as he might accept under other circumstances. To fix the lay at what it would have been in a port where seamen are obtainable in great numbers, as; wanted, and for an ordinary voyage, would be manifestly wrong. It cannot be doubted that the owners would be obliged to pay a higher price, and that the service would be reasonably worth a higher lay, if one, who-
[ Nowhere reported; opinion not now accessible.]
[The supreme court affirmed this decree upon appeals by both parties in American Ins. Co. v. 356 Bales of Cotton, 1 Pet. (26 U. S.) 511, and remanded the cause. The question of damages was then first raised. Case No. 302b. From the decree of the circuit court' thereon libelant only appealed. -The decision on this latter appeal is the one cited in the text.]