Wilson

Manhattan Canning Co. v. Wilson

Good Law
133 C.C.A. 322·217 F. 41·1914 U.S. App. LEXIS 1414
United States Court of Appeals for the Ninth CircuitOctober 6, 1914No. 2377California865 words

Opinion

lead Opinion

Gilbert, J.

The appellant employed the appellee in the capacity of cook on the brig Harriet G., at $80 a month, for a voyage from Seattle, Wash., to Port Heiden, Alaska, and’return, not exceeding six months. The appellee signed shipping articles before a shipping commissioner on April 21, 1913. On April 23, 1913, the brig, having received all her cargo, left her dock in the port of Seattle, and was towed by a tug to a buoy in the bay. Immediately after she left the dock, the appellee fell from the companion way leading from the poop deck to the main deck, and sustained serious injuries. *42 At his request he was taken to a hospital and remained there until May 5, 1913. The decree of the court below awarded the appellee $30.60 for hospital services, $50 for medical attendance,‘and $440 for his wages from April 21, 1913, to the end of the voyage.

[1] The appellee oh the day before the accident had brought aboard five gallons of whisky, and the , appellant contends that thereby he violated the provision of the shipping articles that no grog was ah lowed, “and none to be brought on board by the crew,” and that he was drunk at the time of the accident, and the appellant cites cases' to the…

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