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PACIFIC MAIL STEAMSHIP CO. V. SCHMIDT, 241 U. S. 245 (1916)

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U.S. Supreme Court

Pacific Mail Steamship Co. v. Schmidt, 241 U.S. 245 (1916)

Pacific Mail Steamship Co. v. Schmidt

No. 323

Argued April 25, 26, 1916

Decided May 22, 1916

241 U.S. 245

Syllabus

Where the writ of certiorari was granted to review the question of law, and evidently would not have been granted simply to reopen the inquiry into the facts, this Court will assume the lower courts were right where they agreed upon the construction of the facts, even though otherwise it might hesitate to do so.

This Court will not assume that Congress intended to cut off an opportunity to revise doubtful questions of law and fact by imposing a penalty for reasonable delay in payment caused by an appeal based on sufficient cause.

Under § 4529, Rev.Stats., as amended December 1, 1898, a shipowner is not liable for the penalty for delay in payment of a seaman's wages during the period between judgment in the district court and affirmance thereof by the circuit court of appeals where, as in this case, there was reasonable cause for prosecuting the appeal.

214 F.5d 3 reversed.

The facts, which involve the construction and application of Rev.Stats., § 4529, as amended by the Act of December 21, 1898, are stated in the opinion. chanroblesvirtualawlibrary

Page 241 U. S. 248





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