Yarbrough
Yarbrough v. American Mail Line, Ltd.
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…