Keefe

Keefe v. American Pac. S. S. Co.

Good Law
110 F. Supp. 853·1953 U.S. Dist. LEXIS 3175
United States District Court, Southern District of CaliforniaFebruary 19, 1953No. 14299California1,307 words

Opinion

lead Opinion

Tolin, J.

The facts of this case are relatively simple. The dispute arises in application of well-established principles of maritime, law thereto.

On November 5, 1951, at the Port of San< Pedro, California, libelant signed written, articles to serve aboard the U.S.N.S. Millicoma in the capacity of oiler at base wages, of $241 per month for a voyage not to exceed twelve calendar months. He signed, articles, entered upon duty and rendered deck service while the vessel was still tied to the wharf at that Port. Before it left the Port upon the contemplated voyage but after the signing of the articles and after the entry upon his duties, libelant was injured while driving away from the vessel, on a personal mission. He was provided, hospitalization and medical care so there is. *855 no claim on this account. Although he has received his cure, he asks for maintenance during the period of his disability. Both parties conceded that if he is entitled to this, that a period of 172 days is the appropriate time period. The voyage was actually unundertaken by the vessel and was still in progress at the time this action was commenced. It is noted that the voyage was for a period of twelve months and…

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