New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-01-28
IMPORTANT MARINE CASE.
DECIDING AGAINST SIIP-OWNERS.
THEY ARE LIABLE FOR DAMAGES WHEN A CAP
TAIN Is BRUTAL.


TAIN Is BRUTAL
,c,eo ~ GREAT inheritance TO ship owners. and which
is aid by Judge Freedman. in the superior Court %
lac the first case OF it, kind Which has been ted In
mi, State. was disposed OF yesterday. II was the
question Of the liability Of the owners OF bark Iof
the acts Of the captain OF the vessel III beauhS a
member of the crew badly that his leg was broken
Tho story. as told by Charles Il. "abreisoh' ue
plalntf i, that on thu bark Rebecca Cafnaha IN No
vembcr 1855. while the vessel was on ltN way ron
Havana. Cuba 10 this port. James Doughcrty the cap
tain ordered Gahrelson get out OF his bunk and 20
on deck Gabrieson said that he was too i'll TO get
out OF bed whereupon the captain beat and kicked
him. breaking one Of his legs in two places. Gabriel
son was in the hospital five or six months after that
and then brought suit against Frederic Waydel and
Others, the owners Of the bark.
The case came on for trial last Friday and at the
close OF the court day the testimony for the palntIh
was all in. The defendants counsel then made a
motion to dismiss the complaint, upon the ground that
the owners OF the vessel could not be held liable fog
an assault committed upon member OF the crew by
the captain Judge Freedman said that the question
was an entirely one rs far as his experience won't
and he reserved his decision upon the motion TO dismiss
the complaint until the rcasscmblng Of the court yes
tcIdayan unusual thing for Judge to do at a Jury
trial. When the taken up yesterday Judge
Freedman denied the motion 10 dismiss the complaint
delivering the following oral opinion:
The main question in this Is whether the owners
Of vessel can be held liable in damage, for an
sault committed by captain on the high seas upon
member 81 the crew. II Is claimed. IN the nr,t place,
that such an act is the act Of fellow servant for
which the employer is not liable. In this ! cannot
concur. The captain Of "A ship during voyage j. IN
full control Of the ship. He is the supreme com
mandcr and from the necessity of the everything
necessary 10 the preservation Of the hip and the
successful prosecution Of the voyage Is left to his
discretion 1t is his duty 10 preserve ard enforce
calls for il he may innct punishment and even order
man to be pat in irons lie IS ,hereiyre fr3m The
the owners, the alter ego, and not IA mere fellow
servant
In the second place it is claimed that the assault i'm
this case which resulted in the fracture Of PLAINTIFF
leg. wantOn. wIlful and malicious act and that
therefore the defendants not liable" Ever
since the decision of Mott against The Consumers
lee Company it has been the settled law Of this state
that for the wanton and wilful acts # a servant
done within the general scope If his employ mcnt
while engaged in hi, masters business. aud with
masters interests. the latter j, just much rcspon
Slble a, for acts nceliEcitly done The rule being
made in favor If the managing owner 81 n vessel.
against the vllfu and waaton acts Of the captain done
within the general course and scope 81 hi, employ
principle. ard can find nothing in the maritime law
the law Of shipping, any statute which calls for
has been urged that the present action is without
precedent and ihai II II were sustained the ruling
would b" destructive 10 commence aud encourage the
shouM mo; be burirned \ Judge cannot permit
himself 10 be Influenced Is such cOn~d Iatipns. II the
justice q cos" requires that precedent should %
abliShcd. and II the precedent can be- upon prncp
and without violation 81 aiy -"ttcf rule Of law. In
tll, CaG Jn,t'c or g. rI.f that prccclcnt >h"Hh
ont 'idc ~ this state have found a few cases iu
favor 81 the proposition that the action viii lie
Moreover d" no believe that T. sustain tn present
action viii hiv" the disastrous cOn,c0ucuc- 10
mcrcc that have been pictured. The result viii
simply call upon owners g. inquire into the character
Of their captain, NOR fuliy Than p'rhip, they de-
now. and Will make owner, more careful IN the
selection of Their captains " soon ~ tn, owner
do this The capian~ will learn II T. and viii try ~
accommodate th'm>clvo, 10 tn new order 81 thing.
In this way human feeling, will be- aroused aud dis.
positions 10 cruelty Will b" CHECKED. and thus thc
interests Of humanity will be- gscatly promoted.
One peculiar feature ~ N, casa is that che same
captain sailed his vessel last April and neither he
nor his vessel has been heard from since.
The jury brought in a verdict for ~ 200 for rc
plaintiff.