The Roy Somers
THE ROY SOMERS
- Proceeding
- district
- Area
- other
- Panel
- Wellborn (author)
Analysis
The court considered a libel action brought by seamen who left the vessel, alleging claims for wages. The court held that the shipping articles were sufficiently definite and that the seamen forfeited their wages by leaving the vessel, ordering the dismissal of the libel.
| What the court decided | The model |
|---|---|
The libel is dismissed.“A decree dismissing the libel will be entered.” | agree with court The court applies the doctrine of forfeiture of wages for desertion or leaving the vessel without permission, relying on the sufficiency of the shipping articles. The decision follows from the cited authorities and the recited facts that the libelants left the vessel. |
The order itself: sound with gaps — The order is extremely brief and procedural. It states a conclusion (forfeiture of wages) and cites two district court cases from the same circuit era. It does not detail the specific facts of the departure or the exact terms of the shipping articles, but the legal principle applied is standard in admiralty law of that period. The result is defensible based on the cited authorities.
Opinion — Wellborn
WELLBORN, District Judge.
I am of opinion that the shipping articles are sufficiently definite, and that each of the libelants, by leaving the vessel, incurred a forfeiture of his wages. The Occidental (D. C.) 87 Fed. 485; The C. F. Sargent (D. C.) 95 Fed. 180. A decree dismissing the libel will be entered.