New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-05-05
IMPORTANT ADMIRALTY CASES
INTERESTING TO sTEAMBOATMEN
Decisions by Judge Duren

In the United States District Court,
Judge Durell, the case of George Jones,
ibelant, VS.. the steamboat Tidal Wave,
was a libel filed against the steamboat
Tidal Wave by George Jones to recover
for wages. additional wages and compensa-
ton for sickness and suffering, medical SER
vices, attendance, board, nursing, etc, IN
der the following circumstances:
Jones was hand on board of, and in the
service of the steamboat, and while the
boat was on a return trip from Jefferson to
the port of New Orleans, and on the TWEEN
ty-fourth of January last, as the boat was a
short distance below Donaldsonville, under
full headway, he was, with some others of
the crew of the boat, ordered by the mate
to go to the stern of the boat to wash off
and clear the fantail This is what is
known as a sternwheel boat Around this
fantail there is no railing or protection for
men engaged in the work there, to prevent
them from falling off into the river or under
the pitman, which works the, wheel of
the boat. Jones complied with the
order of the mate, and while SO engaged he
was thrown headlong from the fantail down
between the pitman and the side of the fan
tail, into the water. In descending, Jones
struck against the pitman shaft and dislo-
Gated his shoulder and was otherwise so
badly bruised and mi ured that he was un-
able to work any longer On arriving in
the city he was sent to the Hotel Dieu,
the place where wounded, sick and disabled
mariners or steamboatmen are sent for care
and treatment. Here Jones remained until
about the twentieth of last month.
He claims to recover between 5000 and
$500, for his wages, etc, upon the well
known principle of law that seaman who
becomes sick or is injured while in the ser
vice of ship or steamboat is entitled to be
cured at the expense of the ship or steam
boat.
The facts of the case as stated above,
were clearly and distinctly proved, besides
which they were not denied by the answer
to the libel.
Yesterday Judge Durell rendered an
elaborate decision, stating among other
things that the question was entirely new
and very interesting as involving new
principle insconnection with the duties and
responsibilities of steamboat officers and
owners toward their crew. He read three
decisions upon the subject, one by Judge
Story, one by Judge Belts, and one, very
lately rendered, by Judge Miller, of Wiscon
sin; and in commenting upon them said
that he should hold these steamboat cap
tains and officers to the strietest accOunta-
bility in the treatment of the men under
their authority.
The decree in this case was, first, an al
lowance of Jones wages for the time of his
sickness at thirty-tive dollars per NORTH;
and. second. expenses to which he has been
subjected in consequence of injuries re-
ceived while in the service of the boat.
1t was also held, in this case, that it was
negligent on the part of the owners of these
sternwheel steamboats, to be without
railing around the fantail as protection to
the men or others who may have occasion
to be on or near this part of the boat.
A reference was made to Commissioner
Cohen TO ascertain and report the amount
due.
Frank Myers, ibelant, VS.. the steamboat
Lizzie Hopkins, ete.-Thi5 was a similar
action in admiralty to the preceding one,
but for different injury.
In this case, the iibelant was a hand on
and in the service of the steamboat Lizzie
Hopkins, and while at a landing at Natchez
Island the libelant with others of the crew,
were engaged in loading cotton that as he
and his partner had got bale at the foot of
the stage plank and were about raising it
on the plank, another bale from behind
struck the libelant and rolled upon his
body, breaking his left arm, between the ell
bow and shoulder. This occurred on a
rainy, cold and very unpleasant day, on the
seventeenth of December, a. ID. 1870 Myers
was taken on board the boat and brought
down to the city, ana sent To Hotel Dleu,
where he was examined and treated by DR..
Heber Smith, of that hospital. Since this
injury he has been unable to do any work,
and claimed to recover for wages, compensa-
ton, etc as in the case of Jones.
The decree in this case was first, for his
wages at $50 per month; second, compensa-
ton for injuries received while in the service
of the boat as follows, board not to exceed
three months, physicians fee, and cost of
medicines, nursing, and one dollar per day
for ninety days.
Costs were allowed to the ibelants in
both cases