Crawford v. Pope & Talbot
| Decision Date | 27 March 1952 |
| Docket Number | No. 225 of 1951.,225 of 1951. |
| Citation | 103 F. Supp. 414 |
| Parties | CRAWFORD v. POPE & TALBOT, Inc. |
| Court | U.S. District Court — Eastern District of Pennsylvania |
Freedman, Landy & Lorry, Philadelphia, Pa., for libellants.
Krusen, Evans & Shaw, Philadelphia, Pa., for respondents.
This is a companion case to the case of Lucibello v. Pope and Talbot, Inc., D.C., 103 F.Supp. 411. The discussion in the opinion in that case filed concurrently herewith is equally applicable to the facts of this case. I have found that the respondent is liable for damages because of the unseaworthy condition of the vessel in that its lighting system was defective and that it was guilty of negligence in failing to provide a safe place to work. To the extent that the facts in this case differ from the Lucibello case, the differences will be reflected in the following findings of fact and conclusions of law.
I adopt as my findings of fact the following requests of libellant for findings of fact: Nos. 1 to 16 inclusive, 18 to 20 inclusive, and 22.
I also make the following findings of fact in lieu of those requested by the libellant and not affirmed.
17. In the afternoon of February 12, 1950, while National's employees were working in the forward or No. 1 deep tanks, the ship ran steam into the pipes in the after or No. 2 tanks. This caused the kerosene, which had been recently freely applied to these pipes, to vaporize and create a foggy misty condition in the air of the lower hold with acrid fumes irritating to the eyes. No notice of this, before or after it was done, was given to National's employees generally or the libellant specifically.
21. Libellant, following his release from the hospital, was confined to bed at home for two weeks after which he was required to use crutches and a cane and received physical therapy and industrial therapy treatments until October of 1950. There is some slight residual deformity involving the base and head of the left fifth metatarsal bone with some post-traumatic arthritis of the metatarsal-phalangeal joint, which is somewhat painful but not disabling. He has occasional pain in the lower back and left foot and leg due to the bruising and straining of the lumbosacral joint and the fractures of the left fifth metatarsal bone. He also has occasional pain in the region of the coccyx. These conditions will not be permanent and he has made a good medical recovery.
23. Libellant returned to his work in December of 1950 and...
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Crawford v. Pope & Talbot, Inc.
...therefore awarded damages in the amounts of $8,500 to Crawford and $45,000 to Lucibello. No interest or costs were given. D.C.E.D.Pa.1952, 103 F.Supp. 414, 411. Pope and Talbot appeals from these orders, and from the order of the court below granting the motion to dismiss its petition to im......