John Davis
Judge Davis no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Davis decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Davis treated maintenance and cure as extending to necessary care ashore when a seaman was injured while serving the ship.
“I find myself bound to award to the libelant a reimbursement for the expenses of cure and of board, nursing, and attendance during the operation.”
Davis required strict and uniform proof before allowing an asserted maritime custom to alter a seaman's rights.
“in order to establish such a custom as the one contended for, it was necessary that the proof should be strict, and the custom uniform.”
Procedural preferences
Davis used security for costs and damages to permit appellate testing of an important but doubtful maritime claim without leaving the vessel owners unprotected.
“Security for costs and damages appears to be a reasonable requisite, preliminary to further proceedings;”
Cautions
Davis distinguished serious seamen's misconduct from conduct warranting complete wage forfeiture, using proportional deductions instead.
“I cannot consider it when all circumstances are taken into view, as operating a forfeiture of their whole wages.”
Davis could protect a government officer who made a mistaken seizure when the record showed sincere performance of official duty without improper motive.
“In the present case, the collector, as appears to me, acted with a sincere conviction that he was in the correct and requisite performance of his official duty, without any culpable or unworthy motive.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The judge then declared that he must dismiss tbe libel with costs to the claimants.”
“Wherefore he decreed that the libel-lant should recover his whole claim, with costs.”
“made a decree, giving to the salvors one-half of the nett proceeds”
“he should give them the amount tendered, .of $150, and one-half of their costs.”
“But the jury find a balance due from the United States to said Brodhead of $345,-67.”
“I therefore decree to the libellant wages at the stipulated rate to the time of his return to Salem, deducting the $39 previously ad-yaneed, and his proportion of salvage.”
“The libellants, therefore, are to be respectively credited with this sum, and charged with what they may have-received; and the decree will be accordingly as the balance may appear.”
“I find myself bound to award to the libelant a reimbursement for the expenses of cure and of board, nursing, and attendance during the operation.”
“I have no hesitation in decreeing that they be restored to the claimants.”
“This supplemental libel will be dismissed, and the requisite orders will be entered to transfer these proceeds, and other money remaining in the registry under similar circumstances, to the proper department of the government, on the principles and in the manner that have been indicated.”
“With these views of the subject, I must dismiss the libel, with costs.”
Caseload & timing
From public federal docket records for this judge.
No case-level docket record was returned for Davis's 1801-1841 tenure. The profile therefore makes no claim about caseload mix, case duration, administrative dispositions, or motion timing.
A historical record
Judge Davis no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.