Brown v. The Bradish Johnson

U.S. Circuit Court for the District of Louisiana

Brown v. The Bradish Johnson

4 F. Cas. 356, 1 Woods 301

CourtU.S. Circuit Court for the District of Louisiana

DecidedNovember 15, 1873

StatusPublished

Cited by7 cases

This text of 4 F. Cas. 356 (Brown v. The Bradish Johnson) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brown v. The Bradish Johnson, 4 F. Cas. 356, 1 Woods 301 (circtdla 1873).

Pincite

Opinion

WOODS, Circuit Judge.

This libel is brought to recover damages in the nature of extra wages for an injury received by the libellant while in the service of the steamer through the carelessness of the master.

After a careful reading of the evidence in this case, I cannot see that there was any carelessness on the part of the master of the steamer. The libellant was hurt by an accident liable to happen to him without the fault of any one. This is one of the risks of his occupation for which he is paid. If injured while in the service of the vessel and in the discharge of his duty, he is entitled to be cured at the expense of the ship, even where no fault is to be attributed to any one. Harden v. Gordon [Case No. 6,047]; Reed v. Canfield [Id. 11,641]. But he cannot recover damages unless there has been some fault on the part of the officer of the .boat. As this suit is for damages and no fault is shown, the libellant’s case is not made out. The libel is therefore dismissed at libellant’s costs.

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WOODS, Circuit Judge.

This libel is brought to recover damages in the nature of extra wages for an injury received by the libellant while in the service of the steamer through the carelessness of the master.

After a careful reading of the evidence in this case, I cannot see that there was any carelessness on the part of the master of the steamer. The libellant was hurt by an accident liable to happen to him without the fault of any one. This is one of the risks of his occupation for which he is paid. If injured while in the service of the vessel and in the discharge of his duty, he is entitled to be cured at the expense of the ship, even where no fault is to be attributed to any one. Harden v. Gordon [Case No. 6,047]; Reed v. Canfield [Id. 11,641]. But he cannot recover damages unless there has been some fault on the part of the officer of the .boat. As this suit is for damages and no fault is shown, the libellant’s case is not made out. The libel is therefore dismissed at libellant’s costs.

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Bluebook (online)

4 F. Cas. 356, 1 Woods 301, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-the-bradish-johnson-circtdla-1873.

Opinion

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