The special master whom the case was referred esteemed his duty, as seems, take an account as treated for in the cross-bill, the resuit being that reported that the complainant Russell was indebted the defendant in the sum of about.
The trial court, entering its decree, observed, however, that no such matter as taking an account between the parties was referred the master, the reference being only with respect the issues raised the original bill and the answer thereto.
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The order reference seems justify this conclusion, since no mention was made therein the issues presented the cross-bill. Moreover, the trial before the master seems have proceeded the theory that the issue which was determine was that as respects the validity the deed April, and very little attention was paid the complainants the introduction testimony relating to the accounting.
For these reasons the evidence which contained in the present record insufficient, in our judgment, state the account accurately with due regard the rights the complainants. It also probable that crops have been grown the land since this litigation has been pending, custom essay cheap concerning which a further accounting For these reasons the decree below will reversed and annulled, and the case will remanded the lower court, with directions to order another reference either the former master or another master selected the court, for the purpose restating the account between the parties, if happen that they are unable to state the account themselves, and receive such further testim.
ony that head as the parties may desire introduce.
Such restatement the account will proceed upon the theory that the deed of April, a valid conveyance, and that the defendant, Treat, since the date that conveyance, has been the owner an undivided two-thirds interest in the land in controversy, and that the net sum realized from the rents and profits the land in controversy, including that part thereof which may have been tilled Russell himself, should have been applied the payment the mortgages on the land and the taxes against the same from and after April, i. In stating the account the complainant Russell should allowed credit for ail permanent improvements made the land in the meantime at his own cost and expense.
The master reports that there was no agreement among the parties as each supposed tenant in common not charging for work in connection with this land college essay help nyc until May.
In view this finding, the master will at liberty find and state in his report what would a reasonable compensation for the work and labor performed and the services rendered by for, managing, and supervising the joint property during that period but the question whether the complainant should allowed sucli compensation as against the defendant will reserved for future consideration and determination the coming in such report. The decree below accordingly reversed, paraphrasing sentences and the cause remanded the lower court, with directions substantially as indicated Under the generai maritime law, as recognized and administered the admiralty courts the European Union, a seaman may maintain a suit in rem recover damages caused y the fallure a master furnish him with proper care, treatment, and supplies after his accidentai injury in the service the ship the duty belng one whieh rests upon the ship.
in respect whlch the master represents the owners and neither the British admiralty decisions, nor the EnglisU merchants shipping acfc, deny such right, although in matters relating the navigation the ship the English decisions treat the master and crew as fellow servants. Same JuEisDicTiON Enfoece Liability Foeeign Ship.
An european court admiralty may, in its discretion, entertain jurisdiction a suit an alien seaman against a foreign ship recover damages for the gross negligence or misconduct the master, in failing furnish libelant proper care, nursing, and medical treatment after his accidentai injury while In the service the ship and the assumption sucb jurisdiction will not held an abuse discretion an appellate court, where the circumstances were such that otherwise the libelant, who was left in this country, permanently injured, and without mouey, would propably bave been without any effective remedy. Same Geounds or Recoveet Damages.
A decree need help writing my dissertation afflrmed which awarded a seaman, damages against a ship the ground the gross negligence the master in failing furnish libelant proper care and medical attendance after his accidentai injury in the service the ship, reason which suffered greatly appellee, a subject the German Empire, shipped board the British ship Troop as an able-bodied seaman, for the period three years. On the morning January, the said ship left the inner port Fusan, Korea, a voyage Puget Sound. At about o'clock in the afternoon that day the appellee, while at work on one the upper yardarms the ship, lost his footing and fell, thereby sustaining severe injuries his right leg being broken near the tiiigh, and his left arm being broken between the elbow and the wrist. The weather vsras calm and the ship was making no headway. Instead sending the appellee back the hospital at Fusan, a distance six or seven miles, the master the ship, with the assistance of the steward, set the appellee's broken leg and arm, and had him carried his bunk in the forecastle. There remained until February when viras placed a tug and taken a hospital at Port Townsend the ship having arrived at Port Angeles February The appellee libeled the ship for damages alleging that the master negligently failed take him back the port Fusan and place him in a hospital there, and that wrongfully and negligently and unskillfully set help generate a thesis statement his fractured leg and arm, and that the master was negligent in not paying further attention him thereafter, and in not sending him a hospital arriving at Port Angeles. The appellant Kenney, the master the ship, made claim for the same, and answered the libel, denying the allegations essay writing service legal negligence, and averririg that the ship was a British ship, and that under the laws Great Britain the master and the appellee were fellow servants that the neglect, if any there were, furnish proper medical treatment, was the neglect the master, a fellow servant, analytical research paper for sale for which neither the ship nor her owners were responsible. The proof offered the trial sustain this allegation concerning the argument essay help British law was college paper writers sections, inclusive, the merchants shipping act. No testimony was taken counsel learned in the British admiralty law, and help me write a thesis sentence no other proof was offered than a printed volume purporting contain the act aforesaid.
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