§ 976. Carriers by water are bound by the same general rules as carriers by land. There are, however, certain rights and duties specifically pertaining to carriers by water, which it may be as well briefly to advert to. And in the first place, where the passage is of a length requiring it, they are bound to furnish good and proper provision, and in sufficient quantity for the voyage. Lord Denman, in addressing the jury in a particular case, thus lays down the rule: "I think the result of the evidence is that the captain did not supply so large a quantity of food and fresh provisions as is usual under such circumstances. But there is no real ground of complaint, no right of action, unless the plaintiff has really been a sufferer; for it is not because a man does not get so good a dinner as he might have had, that he has, therefore, a right of action against the captain who does not provide all that he ought; you must be satisfied that there was a real grievance sustained by the plaintiff." 2
§ 977. The duties of a master of a vessel to the passengers are to exert his utmost skill and care; and if, in consequence of his want of. strictest caution, injury result to them, he is liable.3 In this respect his duty is simply that of a common carrier of passengers.4 Besides this, he is bound to behave himself decently and decorously; and if he be habitually immodest where there are females, or oppressive and malicious, he is liable therefor in damages. Indeed, he stipulates by implication "against general obscenity, that immodesty of approach which borders on lasciviousness, and against that wanton disregard of feeling which aggravates every evil, and endeavors, by the excitement of terror and cool malignancy of conduct, to inflict torture on susceptible minds." 1
1 See ante, § 939-943. See, also, Roth v. Buffalo, etc. R. Co., 34 N. Y. 548; Young v. Smith, 3 Dana, 91; Ouimit v. Henshaw, 35 Vt. 605; Van Horn v. Kermit, 4 E. D. Smith, 453.
2 Young v. Fewson, 8 Car. & Payne, 55. 3 Malton v. Nesbit, 1 Car. & Payne, 70.
4 See ante, § 961.
§ 978. Where a captain of a vessel who has contracted to carry passengers dies, his representatives are entitled to the benefit of the contract, and may maintain an action for the passage money. "If the mate lays out money in purchasing stores for such passengers, he is the agent of the representatives for that purpose, and may oblige them to repay him. But where, after the death of the captain, the mate contracts to carry passengers on the homeward voyage, he is himself entitled to the benefit of the contract, and may retain the whole of the passage money. If, for the entertainment of such passengers, he has any part of the stores laid in by the captain, for so much he must account to the captain's representatives." 2
1 Chamberlain v. Chandler, 3 Mason, 245. See, also, Nieto v. Clark, 1 Cliff. 145; Goddard v. Grand Trunk Railway Co., 57 Me. 202, 216. 2 Per Mr. Justice Bayley, in Siordet v. Brodie, 3 Camp. 253.