Enochasson v. Freeport Sulphur Co.
| Decision Date | 29 July 1925 |
| Citation | 7 F.2d 674 |
| Parties | ENOCHASSON v. FREEPORT SULPHUR CO. et al. |
| Court | U.S. District Court — Southern District of Texas |
W. E. Price, of Galveston, Tex., for libelant.
Terry Cavin & Mills, of Galveston, Tex., for respondents.
In this case the facts are agreed that the libelant signed shipping articles with the master of the steamship Freeport Sulphur No. 1, which articles contained the following:
"It is agreed between the master and the seamen or mariners of the steamship Freeport Sulphur No. 1 New York, of which C. G. Haslund is at present master, or whoever shall go for master, now bound from the port of Freeport, Texas, to Tampico, Mexico, and return; also trading to or between the United States and the republic of Mexico or the West Indies as the master may direct, and such other ports and places in any part of the world as the master may direct, and back to a final port of discharge in the United States for a term of time not exceeding six calendar months."
The articles also contained the following:
"It is also agreed that the master shall have the privilege of discharging any seaman or mariner at the termination of any voyage by giving thirty-six hours' notice and any seaman or mariner may be paid off at the termination of any voyage by giving the master thirty-six hours' notice."
Libelant was signed as third mate, at wages of $140 per month and found, for the period specified in the articles. Libelant served on board the vessel in the capacity stated from the 26th of December, 1924, to the 4th of April, 1925, and during that time the vessel made many voyages between Freeport, Tex., and Tampico, Mexico, and also made two voyages to Cuba and return, under said contract. Libelant suffered an attack of dysentery while on the vessel, the trouble developing while the vessel was on a voyage from Tampico to the port of La Romana, republic of San Domingo. On account of this sickness libelant was taken to a physician by the master for treatment and advice, and was upon such advice placed by the master in the hospital in La Romana. He was paid his wages up to April 4, by the master before the United States consul at La Romana, and the consular office certified that the wages had been deposited and the seaman had been discharged on account of illness.
From La Romana libelant was sent to Porto Rico, and thence to Galveston, Tex. Arriving at Galveston on the 23d day of April, 1925, he entered the Marine Hospital and was confined there until the 15th day of May, 1925, when he was released as a convalescent and was reported able to resume his regular duties on the 26th day of June, 1925. Libelant did not earn, and could not earn, any wages between the time of being sent to the hospital in La Romana to the 26th day of June, 1925. After libelant entered the hospital at La Romana, the Freeport Surphur No. 1 sailed from La Romana on April 5, 1925, for Tampico, Mexico, and thence to Freeport, Tex., arriving at the latter port on April 15, 1925. It continued to operate under the articles for the full period of six months which terminated on June 26, 1925.
On this statement libelant contends that he is entitled to his maintenance, cure, and wages, up to June 26, 1925, the termination of the six months period for which he shipped. Respondent does not contend that the facts operated as a discharge and termination of the employment in accordance with the option in the articles. It recognizes, as indeed it must, that libelant was not discharged as contemplated in the contract, but was compelled to leave his post through illness which incapacitated him without any fault on his part. Under such circumstances, a discharge would be wholly ineffective to release the ship or its owners. Halvorsen v. United States (D. C.) 284 F. 285; Great Lakes v. Geiger (C. C. A.) 261 F. 276. Respondent...
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