101 F. Supp. 347 | E.D. Pa. | 1951
Three seamen are former crew members of the “Gulfmoon,” operated 'by Gulf Oil Corporation. Each seeks to recover one month’s wages because of “discharge” on May 15, 1948. Other crew members, who were signed off at the same time, have recovered. Newton v. Gulf Oil Corporation, D.C., 87 F.Supp. 210, 3 Cir., 180 F.2d 491, certiorari denied, 340 U.S. 814, 71 S.Ct. 42, 95 L.Ed. 598. These cases were submitted under a pretrial order which sets out the agreed facts.
The sole distinction between the cases at bar and the Newton case, supra, is that the seamen here signed on and remained aboard the “Gulfmoon” for another voyage.
The illuminating opinion of Judge Goodrich makes plain that there are no avenues of escape. It is true the contention that the statute was borrowed from the English act of similar purport
The only remedy, if this be not correct policy, is to seek amendment of this antiquated enactment, which in many features produces effects which are anachronistic.
Each libellant will recover as prayed. Appropriate findings and judgment may be submitted.
. This petition is Exhibit 6 referred to in the pretrial order.
. Merchant Shipping Act of 1854, 17 and 18 Vict., c. 104, § 167, later Merchant Shipping Act of 1894, 57 and 58 Vict., c. 60, § 162.
. The Olympic, 1913, 12 Aspinall Maritime Law Cases, New Series, 318, 580.
. Stutsman County v. Wallace, 142 U.S. 293, 312, 12 S.Ct. 227, 35 L.Ed. 1018; Panama Railroad Company v. Rock, 266 U.S. 209, 213, 45 S.Ct. 58, 69 L.Ed. 250.
. Most of the surviving sections of the Act of June 7, 1872, c. 322, 17 Stat. 277, cojild be clarified. See the “Scale of Provisions,” mentioned by the Court in the Newton case. 46 U.S.C.A. §§ 564, 713; see also 46 U.S.C.A. §§ 701, 702, 705; Oldfield v. The Arthur P. Fairfield, 9 Cir., 176 F.2d 429.