93 F. 479 | D. Wash. | 1899
The libelants signed shipping articles at Kan Francisco for a voyage in the schooner A. M. Baxter from Kan Francisco to Honolulu via Everett, in this state, and return to a port on the Pacific Coast, and served under their contract on the run from Kan Francisco to Everett, at which place they voluntarily left the vessel; assigning as their reason for doing so 'that the food supplied to them was bad, and that the forecastle was wet, cold, and uncomfortable. The preponderance of the evidence is against the libelants ori the question as to the quality of the food which was served to them. There is no question but what the forecastle was clean and properly ventilated, and complied fully with the requirements of the statute on the subject, except in one particular, — that it was not supplied with any apparatus for heating. At the time they left the vessel the weather was cold; and the crew suffered discomfort by having to work in the wet, chilly weather, without means for drying their clothing, or any artificial heat in their sleeping room. However, to justify their leaving the vessel before the expiration