Sims v. United States of America War Shipping Adm'n, 10278.

• Citation: 186 F.2d 972
• Decision Date: 10 January 1951
• Docket Number: No. 10278.,10278.
• Parties: SIMS v. UNITED STATES OF AMERICA WAR SHIPPING ADMINISTRATION.
• Court: United States Courts of Appeals. United States Court of Appeals (3rd Circuit)

186 F.2d 972 (1951)

SIMS v. UNITED STATES OF AMERICA WAR SHIPPING ADMINISTRATION.

No. 10278.

United States Court of Appeals Third Circuit.

Argued December 5, 1950.

Decided January 10, 1951.

Rehearing Denied February 21, 1951.

Abraham E. Freedman, Philadelphia, Pa., for appellant.

Mark D. Alspach, Philadelphia, Pa. (Gerald A. Gleeson, U. S. Atty., and T. E. Byrne, Jr., Robert Cox, Krusen, Evans & Shaw, all of Philadelphia, on the brief), for appellee.

Before BIGGS, Chief Judge, and GOODRICH and KALODNER, Circuit Judges.

GOODRICH, Circuit Judge.

This case involves a novel point concerning the right of a seaman to maintenance and cure. The libellant, William Sims, brought an action in admiralty against the United States under the Suits in Admiralty Act, 46 U.S.C.A. § 741 et seq. (a) for maintenance and cure and (b) for damages for the withholding of maintenance after the termination of the voyage. The District Court allowed the first but refused the second¹ and the appeal is taken by Sims who alleges error in this refusal.

This is what happened. Sims joined the crew of the ship, William Tyler, at Philadelphia, September 13, 1944. He served until the termination of the voyage at Houston, Texas, on January 18, 1945. The District Judge found as a fact "that while a member of the crew of the `William Tyler' under the articles and in the service of the vessel the libellant developed and manifested gastroduodenitis, which condition continued to evidence itself thereafter and during the remainder of the voyage and which, either in its original form or in subsequent phases has practically incapacitated him for work of the kind of which he is capable up to the present time."

We are content with that finding. The case, it is true, is in admiralty and we are at liberty to substitute our own conclusions if we think they are right and those of the Trial Judge wrong. But appellate courts universally give great respect to the original determination of facts in such cases.² And in this situation, although the respondent stoutly argues against it, we think the conclusion of the Trial Judge is well founded.

The legal point arises from the events which occurred after Sims left the William Tyler. He was hospitalized briefly in Houston; he was taken ill on the way back to Philadelphia and, as the finding above shows, has been periodically suffering from his stomach condition ever since. The respondent, up to the time of the rendition of the judgment in this case, had not paid Sims anything for maintenance and cure. It is found as a fact, and we agree with the finding, that "Respondent's failure to provide libellant with maintenance and cure, rendering it economically impossible for him to secure the rest, medication and proper diet prescribed for him aggravated libellant's condition, has made it more difficult to effect improvement and the possibility of a cure of libellant's condition and has caused his condition to become chronic."

The new question in this case is whether the respondent is liable for the consequential damages occasioned by the failure to provide for maintenance and cure after termination of the voyage when it was demanded. Through his attorneys, Sims gave formal notice to counsel for the respondent in June of 1945 of the need for the prompt payment for maintenance and cure in order that the medical directions given Sims for his recovery could be followed. Does the failure of the respondent to pay upon request render it liable for the increased damages resulting from the patient's inability, through lack of funds, to procure the prescribed treatment?

We may regard it as settled that if a man is injured or becomes ill while on a voyage, neglect to fulfill the duty to provide maintenance and cure may impose damages beyond the mere cost of food and medicines. The Iroquois, 1904, 194 U.S. 240, 24 S.Ct. 640, 48 L.Ed. 955. The same rule applies while the seaman is still on the ship, even though it may have reached its destination. Brown v. Overton, D.C.Mass.1859, 4 Fed.Cas. 418, No.2024.³

Likewise, it is recognized that the obligation to provide maintenance and cure continues beyond the particular voyage for which the seaman is engaged. Calmar S. S. Corporation v. Taylor, 1938, 303 U.S. 525, 58 S.Ct. 651, 82 L.Ed. 993; Farrell v. United States, 1949, 336 U.S. 511, 69 S.Ct. 707, 93 L.Ed. 850. This Court has held that it is not enough to give a sick man a hospital ticket. If he is ill and penniless transportation to the place of treatment must be provided. Murphy v. American Barge Line Co., 3 Cir., 1948, 169 F.2d 61, certiorari denied 1948, 335 U.S. 859, 69 S.Ct. 133, 93 L.Ed. 406.

In the instant case the learned and experienced District Judge concluded that the obligation of the respondent was limited to paying the money due. In other words, respondent must pay Sims what it owed him for maintenance and cure but is not responsible for any consequential damages for not paying it sooner. In spite of our very great respect for his judgment we are constrained to disagree.

This obligation for maintenance and cure is, as Mr. Justice Cardozo says, "imposed by the law itself as one annexed to the employment * * *. The duty * * * is one annexed by law to a relation, and annexed as an inseparable incident without heed to any expression of the will of the contracting parties." Cortes v. Baltimore Insular Line, 1932, 287 U.S. 367, 371-372, 53...