Page:Federal Reporter, 1st Series, Volume 9.djvu/533

 518 FEDERAL REPORTER. �respondent Peterson was also captain, — Thorson as mate and Oleson as seaman, — for a voyage from Chicago to Pentwater, Michigan, and return; that the schooner sailed on her voyage the day libellants wore employed, but during the morning of the next day she had a collision with another vessel, was dismasted, and rendered incapable of proceeding on her voyage, and, on the afternoon of the eighteenth of November, wastowed into South Haven harbor,where she remained about 10 days, when she was towed to Pentwater, her port of desti- nation, wbere she arrived on the thirtieth of November. The defence set up is that both the libellants were shipped for the round trip, at a gross sum of $20 each, and that on the arrivai of the schooner at Pentwater they refused to assist in unloading the schooner, although the master, in view of the fact that the schooner, by reason of the accident to her, was unable to return to Chicago that fall, offered to pay the full wages for the round trip and libellants' expenses back to Chicago, which they refused to receive. And respondents aver that since said offer they have always been ready and willing, and are still ready and willing and able, to pay the amount so offered, which they insist is the full amount to which the libellants are entitled. �The proof in this case shows to my satisfaction that Thorson was not employed at a gross sum for the round trip, but was employed by the day, at the rate of $3.50 per day. It appears from the evidence that for two or three trips madeby this schooner, preceding the Pent- water voyage, Thorson had been employed as mate, at $3.50 per day, and that on her return from the last trip, preceding the Pentwater trip, he did not leave the schooner, but remained on board of her and assisted in taking on a cargo of grain for Pentwater; and in the absence of controlling proof of a new contractfor the Pentwater voy- age, I must find that he was continued for the Pentwater voyage in the same capacity and on the same terms on which he had been em- ployed in former voyages. �As to Oleson, the evidence is undisputed that he was employed for the round trip for the sum of $20 ; but after the vessel arrived in South Haven he insisted upon leaving, saying that he wished to go to Chi- cago and ship on some vessel bound for Buffalo, whereby he would get large wages and have employment for the rest of the season of navi- gation. The captain refused to allow him to leave, and told him that if he would remain on board until the vessel was safe in Pentwater he would "do what was right by him," and Oleson aceordingly remained on board and did duty until the vessel arrived in Pentwater. Thorson remained on the schooner during the time she lay in South Haven ��� �