In the case of The Ship Virgin, and Graf and Delplat her Owners, Appellants v. Adam Vyfhius, Junior, Appellee (1834), the Supreme Court was asked to decide whether a maritime lien existed for wages due to a seaman who had been injured while in service on board the ship. The court found that there was no such lien because it could not be established that any contract between the parties had been made prior to or at the time of injury; thus, there was no legal basis for granting a maritime lien. Furthermore, even if one did exist it would have expired after six months as per existing law. Ultimately, this decision meant that Vyfhius' claim against his employers failed since he could not establish an enforceable right under either common law or statute.

In this case, the Supreme Court was asked to decide whether a shipowner could be held liable for injuries sustained by an employee of the captain. The majority opinion found that the owner could not be held liable because they had no control over how their vessel was operated and maintained. However, Justice McLean dissented from this decision on two grounds. First, he argued that it would be unjust to allow owners to escape liability when they have delegated authority over their vessels to captains who are negligent in performing their duties. Second, he argued that under maritime law there is a duty imposed upon owners which requires them to exercise reasonable care and diligence in providing safe working conditions for those employed aboard ships owned by them or under their control. He concluded that if an injury occurred due solely or partially due to negligence on behalf of the owner then they should bear responsibility for any damages incurred as a result of such negligence.