Arnold Escobar v. The S.S. "Washington Trader," Her Engines, Tackle, Apparel, Etc American Trading and Production Corporation: Joseph v. Finn, Jr.

This is a ease involving application of 46 U.S.C. § 596 to determine the amount of damages owed to a discharged seaman on account of late payment of wages. It is before this court for the second time, the Supreme Court having vacated our first judgment. Appellant Escobar appeals from judgment rendered against him in the amount of $212.62. We have jurisdiction under 28 U.S.C. § 1291 . We affirm.

A detailed recitation of the facts can be found in our first opinion, published at 503 F.2d 271 (1974). Escobar was a seaman employed aboard the SS Washington Trader (the Trader). He was validly discharged from the Trader in the Philippines on March 5, 1969. After five days in the hospital, he was contacted by the Philippine agent of the company that owns the Trader (the Company) for arrangement of his passage home. At this time, Escobar demanded that the agent pay him the wages he had earned up to the time he was discharged. The response was that Escobar had to travel to San Francisco to face charges brought by the Coast Guard, and that his wages would be paid to him there.

Escobar was without money at the time he was discharged, and had no means of getting to San Francisco. In return…