Tol

Tol v. United States

Good Law
166 F.2d 775·1948 A.M.C. 553·1948 U.S. App. LEXIS 3280
United States Court of Appeals for the Ninth CircuitMarch 9, 1948No. 11789California1,289 words

Opinion

Lead Opinion

Denman, J.

Appellant, a sailor, appeals from a decree (a) denying him recovery under the Jones Act, 46 U.S.C.A. § 688 , for injuries claimed to have been received on the steamer “H. Weir Cook” a Liberty ship on a voyage in the South Pacific Ocean while proceeding toward Canton Island in the Phoenix Group and (b) awarding him maintenance for a year.

While pulling an inch and a half mooring cable from the hold over a hatch covering, the cable in some way struck appel-lánt on the left temple. There was no contusion, but a small blue spot appeared on the skin lasting a day. The blow did not interfere with his work, and he continued for two days and then developed constipation at Canton Island, where he was treated for that affliction for several days. He then returned to the vessel and continued to work till the vessel arrived at Honolulu, where a paralysis of the left side developed. He left the ship and was hospitalized at Queen’s Hospital. He remained at the hospital in Honolulu as an in-patient until October 16, 1944, and was then transported by vessel to San Francisco and admitted on October 23, 1944, as an in-patient at the *777 Marine Hospital there. He was discharged from further…

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