3 Daly 100 | New York Court of Common Pleas | 1869
By the Court.
This judgment must he reversed for these reasons:
1. The assaults for which the plaintiff has recovered a judgment against the captain and the mate jointly, for the sum of $100, were, upon the plaintiff’s own showing, separate acts of trespass by each, at different periods, in no one of which did the captain and mate co-operate, or act in concert. To warrant a judgment against parties as joint trespassers, it must appear that they co-operated in producing the act which resulted in the trespass. In that case they may be sued for it jointly or severally ; but unless that is shown, the action cannot be maintained against them jointly (Guille v. Swan, 19 Johns. 382; Williams v. Sheldon, 10 Wend. 654). The reason is a very obvious one, and the facts of this case will serve to illustrate it. The plaintiff testified to several acts, which the justice has regarded in law as assaults upon the plaintiff’s person, in the course of a long voyage, and in the port of New York, in each instance by the captain or by the mate separately; and it was not shown that either one knew of the act of the other, or directed it, approved it, or co-operated in producing it. Now the captain is not to answer for the separate assaults of the mate, nor the mate for the separate assaults of the captain. Each is liable for his own acts, but not for the acts of the other, and yet both are confounded in a general judgment for $100.
2. When the- seaman' binds himself by his contract, that he will not bring any dispute or quarrel that he may have with the master or his substitute, before any court but that of his own country, foreign tribunals will give effect to the stipulation and hold him to his obligation, unless the voyage, as respects him, was brought to an end in the foreign port, without- any
In the present case, the plaintiff stipulated that he would not bring any quarrel or dispute with the master before any other than the Bremen courts. It may admit of question whether this language is broad enough to extend to wrongful assaults made by the master upon the seaman ; but whether it is or not, I think our courts should not exercise jurisdiction in such matters unless the assault is of the character which justifies the seaman in putting an end to the contract and quitting the vessel, with the right to the wages which may then have been earned. This arises where the seaman, by reason of cruel and inhuman treatment on the part of"the officers, quits the vessel
The judgment should be reversed.