Yarbrough

Yarbrough v. American Mail Line, Ltd.

Good Law
119 F. Supp. 776·1954 U.S. Dist. LEXIS 4459
United States District Court, Southern District of CaliforniaMarch 25, 1954No. 15829California893 words

Opinion

lead Opinion

Yankwich, J.

The libelant, a seaman, has brought a libel in personam for damages; • wages, maintenance and cure alleged to be due him for injuri.es received on January 31, 1953 while employed as a seaman on the vessel M-V Island Mail owned by the respondent, American Mail Lines, Ltd. In addition to general damages in the sum of $20,000.00 for injuries caused by the unseaworthiness of the vessel and failure of the owner to furnish a safé place to work, the libelant seeks to recover for loss of wages for the period between March 20, 1953 and June 22, 1953 in the amount of $1,545.00, and- maintenance at the rate of-$8.00 per day for the same period, or a total of $752.00, The respondent has denied liability.

The facts relating to the accident which caused the injury, testified to at the trial, are not in dispute. The heel block on the No, 1 port boom was frozen in an. improper position because of rust and corrosion. While the libelant was working as a maintenance man near hatch No. 1, the heel block became loose, *777 was lowered precipitately, and hit the libelant on the back of his head, forcing him to the deck in a sitting position. The impact caused a one-half inch gash on the back of his…

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