Rogers v. Pacific-Atlantic S. S. Co.

Appellant herein was first Assistant Engineer of the SS Jefferson Meyers, and brought this suit in the Oregon district court, sitting in admiralty, to recover wages claimed due him for the balance of a sea voyage after he was allegedly forced to quit the ship because of fear induced by the ship’s Master’s threat upon his life. The trial court dismissed the case, finding that the difficulties rose to no higher dignity than that of a “school-yard quarrel.”

The Master and appellant were friends and drinking companions at the outset of the voyage on January 7, 1946, and although there had been a minor difficulty involving allotments, the voyage from Vancouver to the Philippines and thence to Shanghai was, as between appellant and the Master, uneventful. The record discloses that the Master was apparently very abusive and overbearing when intoxicated and on this trip at least was intoxicated much of the time and had difficulties with his other officers.

The Jefferson Meyers was under charter to the War Shipping Administration (WS A) and orders had been given that there were to be no guests for meals aboard without prior permission of both the WSA representative and the Captain. In…