MICHIGAN STEAMSHIP COMPANY, PETITIONER,
v.
HUGH MCGILL ET AL.

U.S. | 1906-12-03
No. 459
203 U.S. 593 Supreme Court of the United States (1906) Positive Treatment
Cited by 2 cases

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  • …7 U.S. 240, 254, 20 S.Ct. 595, 44 L.Ed. 751; Lie v. San Francisco & Portland S. S. Co., 243 U.S. 291, 298, 37 S.Ct. 270, 61 L.Ed. 726; The Annie Faxon, 9 Cir., 75 F. 312, 319; McGill v. Michigan S. S. Co., 9 Cir., 144 F. 788, 795, certiorari denied, 203 U.S. 593, 27 S.Ct. 782, 51 L.Ed. 332; The Suffolk, 2 Cir., 258 F. 219; The Fulton, 2 Cir., 54 F. 2d 467, 469; The Annie, D.C. [E.D. Va.], 261 F. 797, 799. This burden it has not met, for it is impossible to say that the other deckhand might not have been on…
  • …g once taken his position and thereby secured those benefits, its seems obvious that his election should be irrevocable. There is a dictum to that effect in Ohio Transp. Co. v. Davidson S. S. Co. (C.C.A. 7) 148 F. 185, at page 187, certiorari denied 203 U.S. 593, 27 S.Ct. 782, 51 L.Ed. 332, where Judge Baker said: “Undoubtedly, if the ‘due appraisement’ of the rule were had and accepted by the owner, and if the court should thereupon order payment into the registry or the giving of a stipulation, the owner…

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