The Betsy Ross

Good Law
145 F.2d 688·1944 A.M.C. 1468·1944 U.S. App. LEXIS 4248
United States Court of Appeals for the Ninth CircuitNovember 13, 1944No. 10705California943 words

Opinion

Lead Opinion

Denman, J.

Appellants, Peter Cekalovich, Dominic Mratinich and Frank Muljat, co-owners and claimants of the diesel screw fishing boat, Betsy Ross, appeal personally and as such claimants from a decree in admiralty holding the appellants and the Betsy Ross liable for the wages, maintenance and cure of appellee Ruljanovich, a seaman on the Betsy Ross and in the employ of her owners, because of injuries received in the course of that employment. Ruljanovich cross-appeals from the decree’s denial of his recovery for personal injuries under the Jones Act, 46 U.S.C.A. § 688 .

*689 The amended libel alleges that the Betsy Ross was a diesel fishing vessel engaged in fishing for tuna and sardines in the Pacific Ocean for a period of 11 months beginning May 3, 1942, and that appellant was employed for that period on a 1/17 lay or share of whatever fish were taken; that on the second day of his employment he was injured while taking a net from a nearby warehouse to the Betsy Ross then at anchor in the Port of Los Angeles. It alleges the character of the injuries, the medical services in his care and cure, the cost of his maintenance, his disability from earning anything during the period of his…

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