Price v. United States

• Citation: 11 F.2d 283
• Decision Date: 30 November 1925
• Docket Number: No. 18098.,18098.
• Parties: PRICE v. UNITED STATES.
• Court: U.S. District Court — Eastern District of Louisiana

11 F.2d 283 (1925)

PRICE v. UNITED STATES.

No. 18098.

District Court, E. D. Louisiana, New Orleans Division.

November 30, 1925.

Edwin H. Grace and Wm. A. Porteous, Jr., both of New Orleans, La., for libelant.

Harry F. Stiles, Jr., and Terriberry, Rice & Young, all of New Orleans, La., for exceptor.

DAWKINS, District Judge.

Libelant sues in admiralty for damages alleged to have been caused by injuries received while upon the boat of respondent. He alleges that he is in the business of cleaning and pressing clothing, and that, with the permission or consent of the master, he had been for a long time allowed to go upon the ship, Jeff Davis, owned and operated by the respondent, for the purpose of receiving and delivering the wearing apparel, etc., of the crew of said ship, to be cleaned, pressed, and returned. The facts and circumstances surrounding his injury are alleged as follows:

"Fourth. That on the morning of May 25, 1925, while the said steamship Jeff Davis was lying fully afloat on the Mississippi river at the docks in the harbor of New Orleans, libelant proceeded to said vessel in the aforesaid usual course of his business, and, just as he had done on former occasions, advised the commanding officer of the said steamship that he desired to go on board to ascertain if there were any orders for him, or work to be done by him for the said ship's officers and crew, and, the requested permission having been granted, and libelant believing, as he had a right to believe, that the officers and crew of said vessel would do him no harm, and that, on the contrary, the officers and crew of said vessel owed to him a fair measure of protection against bodily harm, did proceed on board of said vessel, and in a quiet, orderly manner did obtain several orders from those in the service of said vessel, all in line with the custom he had followed for a long period of time, particularly with respect to the said named vessel, as well as with that of other vessels; and, under all the circumstances, libelant respectfully submits that he was entitled to just, fair treatment, and to the protection of the officers and crew of said vessel, and of each one of them against bodily harm.

"Fifth. Libelant further avers that on the morning of said May 25, 1925, and while on board of said steamship Jeff Davis, as in and for the purpose in said preceding fourth article mentioned, and while conducting himself in a quiet, orderly manner, he was approached by one of the crew of...