Agnew
Agnew v. American President Lines, Ltd.
Opinion
Lead Opinion
Denman, J.
This is an appeal from a decree denying to appellants, unlicensed sailors on the Steamer President Harrison, an emergency wage increase and maintenance while interned by the Japanese for some three years and nine months, until August 15, 1945, after the Japanese capture, .on December 8, 1941, of the steamer in the waters off the *108 coast of China, they having traveled on her from San Francisco to Manila and from there to the Chinese waters. 1 The court awarded the emergency wage increase only for the period the sailors were carried on a different vessel as repatriates from their place of internment, east bound on the Pacific Ocean to the 180th Meridian.
The district court in denying the emergency wage increase during internment held that under the shipping articles the sailors were entitled to the war bonus only when on some ship navigating on the voyages easterly and westerly in the Pacific west of the 180th Meridian. The appellants contend here that the district court erred (A) in refusing to hold the war bonus is due for the period of their internment in Japan and (B) in refusing them maintenance during internment.