The Evansville

District Court, S.D. Texas
The Evansville, 13 F. Supp. 555 (1935)
1935 U.S. Dist. LEXIS 1119

The Evansville

Opinion of the Court

KENNERLY, District Judge.

This is a proceeding in rem by libel-ant against the steamship Evansville to recover wages; libelant having been master of such steamship. Under Alabama Dry Dock & Shipbuilding Co. v. Foster (C.C.A.) 31 F.(2d) 394, Foster v. Alabama Dry Dock & Shipbuilding Co., 280 U.S. 555, 50 S.Ct. 16, 74 L.Ed. 611, and Warner v. Goltra, 293 U.S. 155, 55 S.Ct. 46, 79 L.Ed. 254, I think a master has no maritime lien for wages. It is not shown in this case that libelant has a lien under the laws of Texas.

Since libelant has no lien, this proceeding in rem may not be maintained, and it will be dismissed.

Reference

Full Case Name
THE EVANSVILLE
Status
Published