Ramsauer

Ramsauer v. United States

Good Law
21 F.2d 907·1927 A.M.C. 1870·1927 U.S. App. LEXIS 2786
United States Court of Appeals for the Ninth CircuitOctober 17, 1927No. 5195California999 words

Opinion

Lead Opinion

Rudkin, J.

Early in December, 1925, the appellants shipped as seamen on the steamship President Jefferson for a voyage from the port of Seattle to Manila and Oriental ports and return, signing the usual and customary shipping articles before the United States Shipping Commissioner. The amended libel averred that by custom sailors in the Pacific trade on American vessels worked from 8 a. m. until 5 p. m. on weekdays, and were paid overtime for work before 8 a. m. and after 5 p. m., and were likewise paid overtime for work and labor performed on Sundays and holidays, except whore the performance of the work and labor was absolutely necessary for the safety of the ship, her passengers, crew, and cargo; that this custom was well understood by the master, owners, and operators of the Jefferson on the voyage in question; that the shipping articles were silent on the matter of overtime, but were executed by the ship, her master, and crew with full knowledge of the existence *908 of the usage and custom respecting the payment for overtime. It was further averred that the master and officers of the Jefferson, during the whole of the voyage, adopted 9 hours per day, namely, from 8 a. m. until 5 p. m.…

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