Spahn v. United States

Fourth Circuit

Spahn v. United States

171 F.2d 980, 1949 A.M.C. 533

CourtCourt of Appeals for the Fourth Circuit

DecidedJanuary 8, 1949

DocketNo. 5818

StatusPublished

Cited by2 cases

This text of 171 F.2d 980 (Spahn v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Spahn v. United States, 171 F.2d 980, 1949 A.M.C. 533 (4th Cir. 1949).

Pincite

Opinion

PER CURIAM.'

This is an appeal from a decree dismissing a libel filed by a seaman under the Suits in Admiralty Act, 46 U.S.C.A. § 741 et seq., to recover damages alleged to have resulted from negligence and unseaworthiness on the part of a merchant vessel operated by the United States and for maintenance and cure as allowed in admiralty. The evidence as to negligence and unseaworthiness was conflicting and we cannot say that the findings of the District Judge with regard thereto were clearly wrong. With respect to maintenance and cure, however, it appears that the libellant was ill when he left the vessel at San Francisco, suffering from some form of chronic bowel trouble, which the evidence indicates was amoebic dysentery. Whether he contracted this disease in the service of the vessel or not, it is clear that he became ill while in the vessel’s service and was entitled to maintenance and cure under .principles which are well established. See Calmar S.S. Corp. v. Taylor, 303 U.S. 525, 58 S.Ct. 651, 82 L.Ed. 993; Smith v. United States, 4 Cir., 167 F.2d 550. The decree appealed from will be affirmed in so far as it denies recovery of damages for negligence or unseaworthiness, but will be reversed with respect to the holding as to maintenance and cure, and the cause will be remanded to the District Court in order that that court may award maintenance and cure in accordance with the principles laid down in Calmar S.S. Corp. v. Taylor, supra.

Affirmed in part, reversed in part and remanded.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.'

This is an appeal from a decree dismissing a libel filed by a seaman under the Suits in Admiralty Act, 46 U.S.C.A. § 741 et seq., to recover damages alleged to have resulted from negligence and unseaworthiness on the part of a merchant vessel operated by the United States and for maintenance and cure as allowed in admiralty. The evidence as to negligence and unseaworthiness was conflicting and we cannot say that the findings of the District Judge with regard thereto were clearly wrong. With respect to maintenance and cure, however, it appears that the libellant was ill when he left the vessel at San Francisco, suffering from some form of chronic bowel trouble, which the evidence indicates was amoebic dysentery. Whether he contracted this disease in the service of the vessel or not, it is clear that he became ill while in the vessel’s service and was entitled to maintenance and cure under .principles which are well established. See Calmar S.S. Corp. v. Taylor, 303 U.S. 525, 58 S.Ct. 651, 82 L.Ed. 993; Smith v. United States, 4 Cir., 167 F.2d 550. The decree appealed from will be affirmed in so far as it denies recovery of damages for negligence or unseaworthiness, but will be reversed with respect to the holding as to maintenance and cure, and the cause will be remanded to the District Court in order that that court may award maintenance and cure in accordance with the principles laid down in Calmar S.S. Corp. v. Taylor, supra.

Affirmed in part, reversed in part and remanded.

Cite This Page — Counsel Stack

Bluebook (online)

171 F.2d 980, 1949 A.M.C. 533, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spahn-v-united-states-ca4-1949.

Opinion

Related

Cite This Page — Counsel Stack