Matt Stanovich v. Ante Jurlin and French Sardine Co., a Corporation

Good Law
227 F.2d 245·1956 A.M.C. 402·1955 U.S. App. LEXIS 4755
United States Court of Appeals for the Ninth CircuitNovember 17, 195514784_1California639 words

Opinion

Opinion

Healy, J.

This appeal is from a portion of a judgment in an action brought by appellant, a fisherman, on account of injuries sustained while employed aboard a fishing vessel. The first cause of action set up in the complaint was predicated on negligence under the Jones Act, 46 U.S. C.A. § 688, and the second upon unseaworthiness under the general maritime law. These causes were tried before a jury, and a general verdict was returned awarding appellant damages in the sum of $6,500.

The third count — the only one involved on the appeal — was for maintenance and cure. It was heard by the court sitting in admiralty. The court found that on November 12, 1953, the plaintiff sustained an injury resulting in his immediate separation from the vessel; that he received medical care and attention at the United States Public Health Service Hospital from that date until March 1, 1954, as of which time he had obtained the maximum benefits of his cure; and that he was entitled to recover nothing for maintenance or medical expenses incurred after March 1, 1954. It was stipulated that maintenance was payable at the rate of $5.00 per day, and maintenance at that rate was awarded for the period ending March…

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