John Farley v. United States

Farley, an engineer on the S. S. Augustin Daly, on the night of April 5-6, 1952, momentarily was standing in a launch alongside the ship. One Potts, assistant cook, was ascending the pilot ladder from the launch to the main deck. Potts had been drinking intoxicating liquors and was climbing the ladder, one bottle of his beverage under his left arm and a second in his right hand. No mean feat, if he could have accomplished it— but he didn’t. He lost his hold as he reached the main deck and fell on Farley. Farley suffered severe injuries; Potts, slight or none. At the time of the accident, the Augustin Daly was owned and operated by the United States and the vessel lay off shore in the port of Sasebo, Japan. Thus this suit in admiralty by Farley against the United States.

Farley was awarded $8,500.00 below for general and special damages. This was principally for loss of wages to the time of trial, loss of anticipated future wages, and permanent pain, suffering and disability.

Dissatisfied as to amount, Farley appeals. The United States claiming prerequisites to jurisdiction were not satisfied cross-appeals. Also, the United States says there was no basis in the evidence for…