Murphy v. Light
Citation | 1955 AMC 1986,224 F.2d 944 |
Decision Date | 29 September 1955 |
Docket Number | No. 15434.,15434. |
Parties | Angelina E. MURPHY, as guardian of Thomas J. Murphy, Appellant, v. George LIGHT, Appellee. |
Court | United States Courts of Appeals. United States Court of Appeals (5th Circuit) |
Arthur Roth, Monte K. Rassner, Miami, Fla., for appellant.
Daniel Neal Heller, Miami, Fla., for appellee.
Before RIVES and CAMERON, Circuit Judges, and DAWKINS, District Judge.
This libel in personam for seaman's maintenance and cure under the general maritime law was brought by Thomas J. Murphy against appellee George Light, owner of the 26' Steelcraft Cruiser, "Jesse II." On a former appeal, a "summary judgment" for the defendant, appellee, was reversed and the cause remanded for trial. Murphy v. Light, 5 Cir., 211 F.2d 824. The trial was conducted under a considerable handicap to both parties due to the fact that Murphy had become non compos, and his wife, appointed as his guardian, had been substituted in his stead. The district court made findings of fact and conclusions of law,1 and based thereon, again dismissed the libel.
In addition to the facts found by the district court, the following facts, testified to by Olsen, the seaman who committed the assault on Murphy, were not disputed:
Jacobsen, the master of the Marbara, did not testify. There was no dispute that Murphy incurred some expenses for maintenance and cure of the injuries suffered in the assault, though the extent of such injuries and consequent expenses is left in considerable doubt by the frank testimony of Murphy's wife and guardian:
There is no denial that, though Murphy was the master of the vessel, he came within the class of seamen entitled to maintenance and cure under the general maritime law. See Warner v. Goltra, 293 U.S. 155, 158, 55 S.Ct. 46, 79 L.Ed. 254. It is clear that at the time of the assault, Murphy had not entirely departed from the duties of his employment. He was still on board and in the service of the vessel "Jesse II". Regardless of the original cause of the tow, the Captain of the Marbara had been rendering service to the "Jesse II" at the wheel with his spare compass.
On the other hand, there is ample evidence to sustain the finding of the district court that, "The assault by Olson was provoked by the insulting language used by Murphy." The issue narrows as to whether Murphy's insulting and inflammatory language was such gross and willful misconduct as to forfeit his right to maintenance and cure.
As recently stated by the Supreme Court in Warren v. United States, 340 U.S. 523, 528, 71 S.Ct. 432, 435, 95 L.Ed. 503:
"
Though enforcement of a shipowner's broad obligation for maintenance and cure may appear harsh in this instance, we think the rule of the Warren case, supra, was purposely adopted and should be liberally applied in favor of a seaman, as a ward of admiralty, who sustains injury while in the service of a vessel. Giving full credence to the testimony as to Murphy's having used insulting language toward Olsen, we think such impropriety on his part was insufficient justification for the personal assault by Olsen resulting in the...
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Gulledge v. United States
...causes another seaman to attack and injure him also has not been deemed to be gross misconduct which would bar recovery. Murphy v. Light, 224 F.2d 944 (C.A. 5, 1955); but see Bencic v. Marine Traders, Inc., 255 F. Supp. 561, 565 (D.Del.1966) In this case, we know that there was an initial s......
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Murphy v. Light
...Murphy v. Light, 5 Cir., 211 F.2d 824, 1954 A.M.C. 908, certiorari denied 350 U.S. 960, 76 S.Ct. 348, 100 L.Ed. 834; Murphy v. Light, 5 Cir., 224 F.2d 944, 1955 A.M.C. 1986; Light v. Murphy, 5 Cir., 257 F.2d 322, ____ A.M.C. ____, differs from the admiralty libels relating separately to wag......
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Catrakis v. Nautilus Petroleum Carriers Corp., 73 Civ. 806.
...has invited accident or injury is his employer relieved (Watson v. Joshua Hendy Corporation, 245 F.2d 463 2d Cir. 1957; see Murphy v. Light, 224 F.2d 944 5th Cir. 1955). There was no such misconduct by the plaintiff 6 Interest to August 31, 1972 is to be computed at the rate of 7½% per annu......
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Light v. Murphy, 16971.
...v. Light, 5 Cir., 211 F.2d 824, 1954 A.M.C. 908, certiorari denied, 350 U.S. 960, 76 S.Ct. 348, 100 L. Ed. 834; Murphy v. Light, 5 Cir., 224 F.2d 944, 1955 A.M.C. 1986, it is the shipowner, not the seaman, who appeals from the judgment of the District Court. After the last remand, the Court......