McManus v. Marine Transport Lines, 335.

Citation149 F.2d 969
Decision Date06 June 1945
Docket NumberNo. 335.,335.
PartiesMcMANUS v. MARINE TRANSPORT LINES, Inc.
CourtUnited States Courts of Appeals. United States Court of Appeals (2nd Circuit)

Kirlin, Campbell, Hickox & Keating, of New York City (Walter X. Connor and Raymond Parmer, both of New York City, of counsel), for appellant.

Silas B. Axtell, of New York City, for appellee.

Before SWAN, CHASE, and FRANK, Circuit Judges.

PER CURIAM.

In the course of his employment as an engineer on a vessel of the appellant, the libellant sustained a scratch on his left shin. The injury did not incapacitate him and he continued to perform his duties until the end of the voyage, August 29, 1942. Thereafter, on September 3rd, he entered the employ of another shipowner for whom he worked until September 17, when the ship's doctor discovered an ulcerous condition of the left shin requiring medical attention. The libellant obtained treatment at a United States Marine Hospital from September 18 to September 30, 1942 when he was pronounced cured. During this same period he was also treated by a private physician at a cost of $50. By the present suit the libellant sought, first, indemnity under the Jones Act, 46 U.S.C.A. § 688, in the sum of $3000, and second, recovery for maintenance and cure in the sum of $1,500. The count for indemnity was dismissed for failure of proof. On the second cause of action, the court awarded $250, of which $50 was for the doctor's bill, $50 for maintenance for the two weeks period commencing September 18, 1942 and $150 for loss of wages during the same two weeks. The appellant challenges the propriety of the allowance for loss of wages and for the doctor's bill.

Under the authorities the award of wages after the end of the voyage and in addition to maintenance cannot be supported. Great Lakes S. S. Co. v. Geiger, 6 Cir., 261 F. 275; see also Reed v. Canfield, C.C.Mass., Fed.Cas.No. 11,641, 20 Fed.Cas. 426 at page 429; Chelentis v. Luckenbach S. S. Co., 2 Cir., 243 F. 536, 538, aff'd, 247 U. S. 372, 38 S.Ct. 501, 62 L.Ed. 1171.

There was no error in the allowance of $50 for private medical attention. If the private treatment gave the seaman benefits he could not obtain by recourse to the free Marine Hospital service, the expense would be recoverable. See Calmar S.S. Corporation v. Taylor, 303 U.S. 525, 531, 58 S.Ct. 651, 82 L.Ed. 993. Under the testimony we cannot say that it did not.

The decree is modified by reducing the award to the libellant to $100. No appellate costs are allowed to the...

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9 cases
  • Vitco v. Joncich
    • United States
    • U.S. District Court — Southern District of California
    • 29 Abril 1955
    ...authorized the private service and in effect consented to bear the physician's reasonable charge. See: McManus v. Marine Transport Lines, 2 Cir., 1945, 149 F.2d 969; June v. Pan-American, etc., Co., 5 Cir., 1928, 25 F.2d 457; The Bouker No. 2, 2 Cir., 241 F. 831, 835-836, certiorari denied,......
  • McMillan v. Tug Jane A. Bouchard
    • United States
    • U.S. District Court — Eastern District of New York
    • 9 Mayo 1995
    ...is entitled to receive unearned wages until the scheduled end of his or her voyage or term of employment. See McManus v. Marine Transp. Lines, Inc., 149 F.2d 969 (2d Cir.), cert. denied, 326 U.S. 773, 66 S.Ct. 231, 90 L.Ed. 467 (1945). McMillan, however, does not seek to recover any unearne......
  • Fish v. Richfield Oil Corporation
    • United States
    • U.S. District Court — Southern District of California
    • 16 Noviembre 1959
    ...Mail S.S. Co. v. Lucas, 9 Cir., 1920, 264 F. 938, 941; Luksich v. Misetich, 9 Cir., 1944, 140 F.2d 812, 813; McManus v. Marine Transport Lines, Inc., 2 Cir., 1945, 149 F.2d 969, 970. And see the writer's opinions in Clifford v. The Iliamna, D.C.Cal.1952, 106 F.Supp. 36; Wills v. Keystone Ta......
  • Kossick v. United Fruit Company
    • United States
    • U.S. District Court — Southern District of New York
    • 10 Septiembre 1958
    ...Muruaga v. United States, 2 Cir., 1949, 172 F.2d 318; Bailey v. City of New York, 2 Cir., 1946, 153 F.2d 427; McManus v. Marine Transport Lines, Inc., 2 Cir., 149 F.2d 969, certiorari denied, 1945, 326 U.S. 773, 66 S.Ct. 231, 90 L.Ed. 467; The Saquache, 2 Cir., 1940, 112 F.2d 482; The Bouke......
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