Willey

Action to recover the sum of fifty thousand dollars as damages for the alleged failure of defendant to provide plaintiff with medical and surgical necessities according to the terms of. a contract, through which default it is claimed plaintiff contracted tuberculosis.

The complaint alleges that the breach of contract occurred under the following circumstances: On or about April 3, 1922, plaintiff was hired and employed by defendant corporation to serve in the capacity of mate of a certain vessel owned by it and known as the “Star of Finland.” The vessel was on a voyage from San Francisco to a salmon cannery located at a place called Alitak, on Kodiak Island, in the territory of Alaska. Under the terms of employment plaintiff, while in Alaska, was to work as master on a launch called the “Goney.”

The shipping .articles, among other things, contained a provision that all parties of the second part, of whom plaintiff was one, should “receive medical and surgical attendance and medical and surgical necessities” while engaged under the contract. The complaint charges that, while working on the “Goney” at Alitak, plaintiff was compelled to leave the last-named place at 4 o’clock in…