Salla v. Hellman
| Decision Date | 15 August 1925 |
| Docket Number | No. 1565-B.,1565-B. |
| Citation | 7 F.2d 953 |
| Court | U.S. District Court — Southern District of California |
| Parties | SALLA v. HELLMAN et al. |
Thomas D. Long, F. W. Turcotte, and May F. Hogan, all of Los Angeles, Cal., for libelant.
Page, Nolan, Rohe & Hurt, of Los Angeles, Cal., for respondents.
This libel is brought under the Act of Congress of March 30, 1920 (41 Stat. at Large, 537 Comp. St. Ann. Supp. 1923, §§ 1251½-1251½g); the claim being for money damages alleged to have been suffered by four alleged dependent relatives of one Nicholas Batistich, deceased, caused by the death of Batistich while in the service and employ of respondent Hellman Commercial Trust & Savings Bank, a corporation, on the high seas.
Another libel, which was heard simultaneously with this action, has this day been determined and a memorandum opinion filed therein. 7 F.(2d) 949. Many of the facts adverted to in said memorandum opinion are applicable to this proceeding, so that I deem it unnecessary to make another extended statement herein.
There has been no case whatever proven against respondent Marco H. Hellman individually, as the deceased at the time he met his death was not in the service or employ of Hellman personally but was the agent and employee of the respondent Bank Corporation. It is my opinion that the death of Batistich, while probably contributed to by his own negligence or fault, was also due in part to the conduct and negligence of the captain of the Traveler, under whose orders Batistich was acting, and who was the agent and servant of respondent bank. In addition, the evidence proves that, after Batistich went overboard, the captain of the Traveler although apprised thereof, made no effort to locate Batistich or to rescue him from the sea. I believe his failure to do so was negligence, and that under the doctrine of respondent superior the respondent bank is liable to the dependent relatives of Batistich for any pecuniary loss which the evidence shows they have sustained by reason of the death of Batistich.
It is somewhat difficult to measure the damages sustained by deceased's surviving relatives, who consist of a sister living in San Pedro, Cal., and a brother and two sisters living in Jugo-Slavia. The act under which this suit is brought provides that the recovery shall be a fair and just compensation for the pecuniary loss sustained by the persons for whose benefit the suit is brought, and shall be apportioned among them by the court in...
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Gardner v. National Bulk Carriers, Inc.
...district court cases have applied the doctrine. United States v. Knowles, 26 Fed.Cas. 800 (No. 15,540) (D.C.N.D.Cal.1864); Salla v. Hellman, 7 F.2d 953 (S.D.Cal.1925); The G. W. Glenn, 4 F.Supp. 727 (D.Del.1933); Tompkins v. Pilots Ass'n for Bay and River Delaware, 32 F.Supp. 439 (E.D.Pa. 1......
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Trahan v. Gulf Crews, Inc.
...of employment requires it as a matter of right .' Harris v. Pennsylvania Railroad Co., supra, (50 F.2d 866, 868). See, also, Salla v. Hellman, D.C., 7 F.2d 953. '(2, 3) In the Harris case the United States Circuit Court of Appeal for the Fourth Circuit said: '* * * we have no doubt that a l......
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Macomber v. De Bardeleben Coal Co.
...The seaman's contract of employment requires it as a matter of right.' Harris v. Pennsylvania Railroad Co., supra . See, also, Salla v. Hellman, D.C., 7 F.2d 953. In Harris case the United States Circuit Court of Appeal for the Fourth Circuit said: '* * * we have no doubt that a legal oblig......
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Hogan v. Hellman
...by his administratrix on behalf of dependent relatives was heard simultaneously with this proceeding, and has also this day been decided. 7 F.(2d) 953. The evidence indicates that knowledge of the drowning of Batistich was kept from most of the party, and particularly the ladies thereof, an......