Nathaniel Thomas v. Ss Santa Mercedes and Prudential Lines, Inc.
Opinion
Opinion
Wright, J.
Thomas, a seaman, recovered $1,221.36 from the defendant Prudential Lines, Inc. (Prudential or the Company) under 46 U.S.C. § 596 , which imposes a double wage penalty on masters or owners who refuse or neglect to pay discharged seamen one-third of their earned wages at the time of discharge and the balance within four days thereafter. The district court imposed the penalty for the period May 14 to June 4, 1974.
Thomas appeals from that part of the judgment denying recovery from June 4 until October 18 and costs. He further contends the district court erred in not reopening the trial to consider newly discovered evidence.
The Company cross-appeals, contending that Thomas was not discharged until June 4 and that it was then prepared to pay him all of his wages. It asserts that the award for the period May 14 to June 4 should be vacated.
FACTS:
Prudential employed Thomas as a cook on the S.S. Santa Mercedes. While the ship was at Buenos Aires, the captain ordered Thomas to be examined by a shoreside physician who erroneously diagnosed an abnormal skin condition as secondary syphilis. On May 6, the captain relieved him of his duties and stopped his wages.