Elliott

Elliott v. Pacific Far East Line, Inc.

Good Law
230 F.2d 238·1955 A.M.C. 1735
United States Court of Appeals for the Ninth CircuitAugust 5, 1955No. 14428California911 words

Opinion

lead Opinion

Fee, J.

Elliott is a seaman who signed articles on May 8, 1952, at San Francisco, California, for a voyage not to exceed twelve *239 calendar months on the S. S. “Canada Bear/’ owned by the Pacific Par East Line, Inc., claimant. He was aboard the vessel from that day until June 19. It was found that Elliott went ashore on the evening of June 18 at Yokohama, where after 10:00 p. m., he began to drink. At midnight, according to his story, he went into a cab and from then on did not know anything until he woke up in a hospital the next morning. He says he called a representative of claimant that morning and told that he was in the hospital before the vessel sailed. A week later he received $50, which was all he requested, from this representative, and for this sum he receipted. The Bear left Yokohama that day, and the Captain logged Elliott as a deserter on June 19, 1952. This entry was cancelled on the record after the voyage of the Bear ended at San Francisco on June 29. Elliott remained in the hospital, according to his story, until June 30, and was brought back to the United States by another ship of claimant, arriving July 25.

On this day, Elliott went to the office of the Far East…

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