Page:Federal Reporter, 1st Series, Volume 6.djvu/939

 the qalina. 92t �The Galina. {District Court, E. B. New Tork. , 1881.) �\, DeSETITION— FOEFEITUBB OF WAGBIB. �Where an assistant engineer of a steam-slilp, after a disagreement with the chief engineer, was ordered ofiE duty, and lef t, but did not leave the vessel, and afterwards the chief engineer requested him to go to work again, but he refused, and being sent for by the captain was told that he must go to work or leave the ship, whereupon he lef t and brought an action to recover his wages : �Held, that his refusai to return to his duty, and his leaving of the ship thereafter, make out a case of desertion and entail forfeiture of wages earned. �A. L. Bowie, for libellant. �UUo, Reynand e Harris, for respondent. �Benbdiot, D. J. The evidence does not sbow facts that entitled the libellant to refuse to do the work for which he had shipped. His refusai to roourn to his duty when directed so to do, and thereafter leaving the ship, make out a case of deser- tion and entail a forfeiture of the wages already earned. �The libel is accordingl; dismissed. �BND OF CASES IN VOL. 6 ��� �