(Oircuit Oourt, E. D. Lo'l!'isiana. L
INJURED WAGES OF, ETC.
In case of injury by fault or neglect of officers, the seaman is entitled to full wages until restored, and reimbursement for keep and medical attendance. But when he is sent to hospital, without expense to himself, no allowance can be made for keep and medical attendance.
In such a case, where the seaman is sent to a hospital in a portotber thah that at which he was shipped, he is entitled to his passage home, or the cost
In Admiralty. R. King Cutler, for B. Egan, for claimants. PARDEE, C. J. "In case of injury by fault or neglect of officers, the seaman is entitled to full wages until restored, and for keep and medical attendance." Desty, Shipp. & Adm. and cases there cited, § 155. A careful exa.mination of the evidence filed in the record satisfies me that the libellant came to his injury-a broken leg-while in the performance of his duty, through no fault of his own, but solely from a faulty and dangerous gangway over which libellant and his comrades were ordered to carry coal. The inj ury was received in the night, at a coaling place, and the evidence is doubtful as to whether proper lights were furnished. It was the duty of the officers of the boat to have provided a safe and proper gangway and suitable lights. Short planks,. so placed as to tip ana slip, do not make a safe gangway for men to pass over carrying heavy articles of freight or fuel. Libellant's wages were $25 per month. The district court allowed six months for restoration, which is short enough for full recovery .of a broken leg. As libellant was sent to hospital without expense to himself, no allowance can be made for keep and medical attendance. As libellant shipped at St. Louis and was left here disabled, he is entitled to passage home, amounting to $12.50, as fixed by the district court. Libellant now asks for an increase of wages on the ground that the recovery has not taken place in the six months allowed, but
"Reported by Joseph P. Hornor, Esq., of the New Orleans bar.
now, over one year from the injury, there is not complete recovery. I find no evidence in the record on this subject, and therefore can not consider it. The demahd lor interest on account of delay through the appeal is better founded. Five per cent. may be allowed, the legal rate in this state. No appeal should have been taken on the evidence submitted below. Let a. decree be entered for $162.50, with interest at 5 per cent. from January 10, 1880, and for costs in favor of libellant, and . against l'espondents and sureties.
S.D. New York. January 28, 1882,)
AS CO-LlBELLANT'-MAVREPRESENT INTEREST OJ'
The mortgagee of a vessel sunk by 8 collision is entitled, for the protection of his mortgage interest, to come:in on petition 89 co-libellaI).t in a libel.filed by the owners against the offending vessel. He may also represent in such petition the interest of insurers, by their consent, who have paid a part of the
In SU(lh cases the jurisdiction rests upon the tort. The. injury to the mortgagee's interest by the destruction of the vessel is an injury recognizable in admiralty; and the marine tort entitles him to relief here, since he could maintain an action of trespass on the case at common law for 8 simUarinjury on land.
In Admiralty. Petition for leave to beconie co-libellants.
W., If. McDougall, for Martin & Kaskell.
D. ct· T.McMahon, for the Grand Rep.ublic. I BROWN, D. J. On the twenty-second of June, 1880, a libel was
filed in the above case by the libellants, as owners oftha' steam-boat Adelaide,for damages from her being sunk in a collisibn. with the (Grand Republic: on the nineteenth of June, through the'aIlegec1!ault At the time 'of the loss of the Adelaide the present - of the petitioners, the. Rarlan& Hollingsworth Company, held it mortgage the Adelaide, on sum of $20,000 was 'owing. A portion of the loss has· been paid to the mortgagees by certaininsur. anee companies, in whose behalf also, as well as for themselves, the