Fireman's Fund Ins. Co. v. Mulroy Mulroy v. Fireman's Fund Ins. Co.

Good Law
193 F.2d 715
United States Court of Appeals for the Ninth CircuitFebruary 1, 195212755California1,294 words

Opinion

Opinion

Mathews, J.

Oscar Carl Johnson was a member of the crew of the steamship Capillo during its last voyage — a voyage which began at Westport, Oregon, on October 15, 1941, and ended at Manila, Philippine Islands, on November 28, 1941. The Capillo was an American merchant vessel, was owned by the United State Maritime Commission, was chartered by the Commission to American Mail Line, Limited, a corporation, hereafter called American Mail, and was operated by American Mail at the direction and under the control of the Commission. Before the Capillo reached Manila, Johnson became ill. He never recovered from that illness. On November 28, 1941, when the Capillo reached Manila, Johnson was taken ashore and placed in a hospital in Manila. He never returned to the Capillo. The Capillo never left Manila.

On December 7, 1941, war began between the United States and Japan. The Japanese bombed and destroyed the Capillo on December 29, 1941, interned Johnson and other members of the Capillo’s crew on January 6, 1942, and detained them until Johnson’s death. Johnson’s detention was in hospitals in or near Manila. The last of these was the Santa Catalina Hospital at the Santo Tomas Internment Camp. There, on…

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