Escandon v. Pan American Foreign Corporation

• Decision Date: 22 February 1937
• Docket Number: No. 8046.,8046.
• Citation: 88 F.2d 276
• Parties: ESCANDON v. PAN AMERICAN FOREIGN CORPORATION et al.
• Court: U.S. Court of Appeals — Fifth Circuit

88 F.2d 276 (1937)

ESCANDON v. PAN AMERICAN FOREIGN CORPORATION et al.

No. 8046.

Circuit Court of Appeals, Fifth Circuit.

February 22, 1937.

Brantly Harris, George W. Coltzer, and Emmett F. Magee, all of Galveston, Tex., for appellant.

Clarence S. Eastham, of Galveston, Tex., for appellees.

Before FOSTER, HUTCHESON, and HOLMES, Circuit Judges.

HOLMES, Circuit Judge.

This appeal is from a decree dismissing a libel in personam against the Pan American Foreign Corporation, under the Act of March 4, 1915, as amended June 5, 1920 (46 U.S.C.A. § 688), for injuries inflicted upon a seaman by the chief mate of the steamship Dean Emery, a vessel owned by appellee.

The principal ground urged for reversal is that findings of fact by the District Court are contrary to the weight of the evidence. On the trial, appellant testified in his own behalf and rested. For appellee, one witness testified orally and three by deposition. In rebuttal, three witnesses gave oral evidence for appellant. The facts found are in accordance with the testimony and depositions offered by appellee.

Since a substantial part of the testimony was by depositions, we are urged to examine the record, and, if the findings of the District Court are not in accord with the weight of the evidence, to determine the facts de novo. However, the reasons for the rule, that findings of fact which are supported by the evidence ordinarily will not be disturbed on appeal, are present in this case, and the mere fact that some of the testimony was heard by depositions does not require a determination of the facts de novo. Lortie v. American-Hawaiian S. S. Co. (C.C.A.) 78 F.(2d) 819; The Corapeake (C.C.A.) 55 F.(2d) 228; Southern Pac. Co. v. Moore Shipbuilding Company (C.C.A.) 19 F.(2d) 878; San Francisco & P. S. S. Company v. Leggett (C.C.A.) 253 F. 312; The Great Northern (C.C.A.) 251 F. 826.

Nevertheless, we have carefully considered the entire testimony in the record, and concur in the findings of the District Court. It appears that for a day or so previous to March 21, 1935, libelant had been drinking intoxicating liquors, and was unable to work. Early that day he was apparently sober and undertook to work, but continued drinking during all of the morning. He interfered with proper arrangements which the chief officer had made with respect to the pumps, and, if he had not been restrained, would have caused damage to the ship. He was attempting to open the pumps and let the water in where the men were working, thereby endangering the vessel and its crew, when the chief officer had him arrested, handcuffed, and confined to his quarters. The purpose of the officer was not to compel libelant to work, or to punish him for any infraction of the law or of the rules of the ship, but to prevent him from interfering with the pumps, or injuring the vessel, its contents, or the persons on board. The latter was incapable of performing his duties as pumper; was obstreperous, quarrelsome, and refused to obey orders. It is difficult to explain his behavior, if he was not drunk. No more force was used by the chief officer than libelant made necessary.

The Jones Act (46 U.S.C.A. § 688) authorizes actions at law or proceedings in admiralty by seamen for injuries received in the course of their...