Watson

The libel in rem and in personam states two separate causes of action. The first is for damages which libelant alleges resulted from the unseaworthiness of the vessel. The second is for maintenance and cure.

The theory of the first cause of action is that libelant, a seaman on the S.S. Letitia Lykes, suffered injuries when assaulted by a vicious member of the crew. There is no dispute that there is a principle of law to the effect that a seaman under Articles may recover from the shipowner if the proof establishes that another member of the crew had such a savage disposition as to endanger those who worked on the ship, and if the proof further shows that the suing seaman suffered injury from that cause. Recovery in such a case has been allowed when the cause of action has been alleged as unseaworthiness of the vessel. 1

The evidence in this case does not support the allegation but is overwhelming to the effect that libelant himself assaulted another crew member, and if injured in the affray, merely suffered such injuries as one may expect upon provoking a fight. The seaman libelant contends was his assailant did no more than protect himself from an unprovoked battery. The…