Methodist Episcopal Hospital v. Pacific Transport Co.

Good Law
3 F.2d 508·1920 U.S. Dist. LEXIS 686
United States District Court, Northern District of CaliforniaSeptember 30, 1920No. 16899California448 words

Opinion

Lead Opinion

Dooling, J.

This is a libel by a hospital against a shipowner to recover the reasonable value of hospital treatment furnished at the request of a seaman who had been injured while in the service of such shipowner. The libel avers the ownership of the vessel by the respondent, the fact that one Hanrahan was employed as a seaman on board such vessel; that while so employed he was injured; that he was in need of hospital and surgical care, attendance, and nursing; that respondent failed in its duty to furnish him with such medical or surgical care and treatment during the period of his disability; and that at hi3 special instance and' request libelant furnished such care and treatment of the reasonable value of $151.50, no part of which has been paid to libelant, although duly demanded of respondent.

There is no doubt that under the averments of this libel the seaman, Hanrahan, would be entitled to recover from respondent the reasonable value of the hospital and medical treatment accorded him and for which he became liable to the libelant.

The grave question is whether libelant by subrogation is placed in the same position as to a right to recover as that occupied by the injured seaman. It is…

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