It was urged upon the oral argument of this cause, by the claimants, that, as there was no lookout upon the Chrystal Stream, she should he held in fault in consequence of this breach of regulations. The evidence as to the alleged absence of the lookout from his station is very contradictory. While the claimants offered evidence, negative in its character, tending to prove that a certain witness did not see the lookout on the Chrystal Stream just previous to the collision, the libelants produced witnesses who testified to personal knowledge of his presence then at his post of duty. It is not necessary, however, to analyze or weip;h these conflicting statements. It is enough to say that, under the circumstances of the case., the absence of the lookout on the Chrystal Stream, if he were absent, does not relieve the Emma Kate Ross of responsibility. There is no diSpute that each vessel was in plain view of, and was plainly seen by, the other, a long time before the collision. Nor is there any pretense that the collision could be in any wise attributed to the absence of a lookout. A fault which has no ill consequences is immaterial. The Morning Light, 2 Wall. 550; The Annie Linckley, 104 U. S. 185, 191; The George Murray, 22 Fed. Rep. 117. There must be a decree for the libe1anti, with the usual reference to ascertain damages.
et ale v.
(DI8trlct Cowrf, E. D. New York. March 10,1800.)
8BAJ,mN-BI01CfESs-HOSPITAL CHARGES-LIARILITY OJ' SHIP.
A seaman. ill with fe,ver, was sent to a hospital, and remained there 184 days. It appeared that, so far as the fever was concerned, he might have left the hospital at the end of two months, but that, owing to having had some of his toes amputated, he was unable at that time to stand on his feet or take care of himself. Held, that the ship was liable to the New York quarantine commissioners for the seaman's expenses during the entire period ofhia stay at the hospitaL ·
Act by the New York quarantine commissioners to recover the hospital expenses of a .sick seaman. Goodrich, Deady « Goodrich, for libelant. Butler, Still'11Utn « Hubbard, for claimant.
BENEl;>IGT, J. The only question raised in this case is whether the quarantine commissioners can recover of the ship the quarantine hospital expenses of the seaman named McCormack for the whole period of 134 days, during which time the seaman was in the Swinburn Island Hospi- , tal, whither he had beeu sent by the health officer pursuant to a statute
'Reported by Edward G. Benedict, Esq., of the New York bar.
of New York." The shows, thatJpe Wensleydale aryork with on .. Several,oft?ecrew were One ,after the arrIved, alld eight weresel,ltto the Swinburn .Is1f!.pd ,,:e:pspital, ,and among them a seaman ,natnt:U McCormack, who ,Itt the time at door, his extrewities cold, arid his ,abiijtY'r,to stlrvive the tranapOl:tation from the vess'el to the hospital dou1:/ted:.. He suhsequentlyrecovered, but,. owiug to the cessation of the of blood, it became necessary to amputate and nine of his t0138 were amputated in the hospital. He remained in the hospital 134 daYfJ,wqen he waa discharged. ,After his discharge from the hospital he went to Boston, and there was compelled to go into a hospital, where testifies that, some of his toes were again 1t1l1putated. The health so far. as the ftlver' was concerned, the man might have left the. hospital at the expiration oftwo months, if he had had a place to go and friends to take care, of him. But, although able to sit up, he was unable to stand upon. ,pis feet or take care of himself. Upon this evidence the claimant insiBt/; that the liability qf the ship is to be limited to the hospital expenses of two montlls,' 1 cannot agree with tliis.. The seaman had 1:>een taken sick while in the services of the ship, and was; entitled to be cared for at the expense of the ship. He was properly seht to the Swinburn Island Hospital, and was, so far as the ship is concerned, entitled to stay there until he was cured. At the expiration of two months he was far from being cured. Indeed, when he left the hospital on the 134th day he was not cured. I see no ground upon which to relieve the ship from the responsibility which the statute casts upon her for the expenses of the man for the whole time during which he was in the hospital. The libelants are entitled to a decree for the amount claimed, and , costs. .
(DiBtrict Court, S. D, New York.
February 25, l890.)
Action for freight and demurrage.
Esq., of the New York bar.
lReported by Edward G.