O'Hara

O'Hara v. Luckenbach S. S. Co.

Good Law
1 F.2d 923·1924 A.M.C. 1452·1924 U.S. App. LEXIS 1926
United States Court of Appeals for the Ninth CircuitOctober 13, 1924No. 4205California810 words

Opinion

Lead Opinion

Morrow, J.

Appellants (libelants below) were qnartevmi-i tera employed on September 30,1922, on the steamship Lewis Luekenbaeh for a voyage from New York to the Pacific Coast ports and return to the Atlantic Coast at a wage of $45 a month. Appellee (respondent below) in a corporation organized under the laws of Delaware, and is the owner of the steamship Lewis Luekenbaeh.

The libelants, in their amended libel, seek to recover of the respondent certain, sums for seamen’s wages — William O’Hara, the sum of $27.50; and Sven Tjersland, the sum of $28.50. The defense is desertion. The libelants shipped as seamen on the steamship Lewis Luekenbaeh for a voyage from the port of New York to Pacific pores of the United States and return to some port north of Cape Hatteras on the Atlantic Coast at the wages of $45 a month.

Upon the arrival of the vessel in San Francisco on November 15, 1922, libelants asked for a discharge without assigning any reason. The master refused to discharge them, because they had signed articles for the return voyage. They then demanded a certificate to the United States Marine Hospital, which was given them, but they were unable to secure discharge on account of…

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