The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-10-21


extending several hundred miles on
to sea. These fogs are most prevalen
in the summer and fall, but are some
times met with in the winter months
There was a fair chance of reachin,
Port Hartford in from three to fiv,
days, though it might have taker
much longer. 1t was fairly certain
that the continuance of the voyage t,
| Kihei would take ten days at least
and there were chances of storm,
weather which might compel the two
| vessels to separate and finish Their
respective voyages alone, in which
case, with the unfavorable winds which
are likely at that time of the year, the
completion of the voyage of the Full
| lerton would be considerably delayed
The cargoes of both vessels was oil
which would not suffer from delay
The injury to libelant was of a most
serious nature, requiring immediate
surgical attention, and this the master
may be presumed to have known. The
, Iroquois, 11S F. r. 1908, 1905.
1t does not appear that the master
took the injury to libelant very seri-
ously; on the contrary, he treated ii
rather nonchalantly. He does not ap-
pear to have given the subject much
elaboration, although he says he
thought the whole matter over and
came to the conclusion TO continue the
voyage. Upon hbelant's urgent re-
quest to return for fear of serious
consequences to his arm if the voyage
was continued, the master answered,
according to libelant's testimony.
that will be all right, you know 1
can't turn around, it would cost me
too much money. See how much it will
cost to turn around. and the steamer
will not go with me anyway" He
made no attempt to procure the as
sistance of the Lansing in the matter,
either to return with the Fullerton or
to convey libelant to Port Hartford,
leaving the Fullerton to finish her
voyage alone.
Il can not agree to the proposition
that sacrifice of time and risk to cargo
are matters which can properly be
permitted to outweigh the duty of
surgical aid for a seaman disabled in
the service of a vessel, when such
assistance is necessary and can not be
obtained otherwise than by putting
into port. The obligation of the ship
is discharged only when the master
has used reasonable care in providing
for the comfort and care of the sea-
man. Whether he is required to devil
ate from his course, and touch at some
port at which the seaman can receive
better attention than can be given him
upon the vessel, will depend upon the
circumstances of the particular case,
such, for instance, as the nature of
~ INC c;o iY7i11 nd
the probability of being able to reach
a port in time for his relief; but it
would seem clear that if one of the
crew We're so i'll or severely injured
that anyone of ordinary judgment,
seeing him, would know that his life
or limb was in serious danger and
that he ought to have medical or
surgical aid at the earliest possible
moment, then it would be the impera-
tive duty of the master to take the
necessary steps to procure such aid, if
within his power" The Iroquois, 113
f. X. 1854. 967.
THE appellee had been disabled
while in the service of the ship, and
without any fault on his own part. BY
the maritime law he was entitled to be
healed at the expense of the ship.
Reed V. Garfield, 1 SUNNI. 1875, Fed.
Cas-. No. 11,641; Harden v. Gordon, 2
Mason, 81, Fed. Cas-. No. GOAT. This OBJ
legation was imposed upon the ship in
of the appellee's SER
vices, and his undertaking to engage
in possibly perilous voyages, and en-
counter hazards. if necessary, in the
protection of the ship and cargo" The
Iroquois, lis F. r. 1908, zoos.
Insurance on the vessel and cargJ IS
net invalidated by a proper departure
from the insured voyage. The Iro- |
quois, lis F. r. 1908. 1905
Although the time which would have |
been required for the return was uni
certain, / find from the evidence that |
the prospects of obtaining speedy med |
cal assistance We're decidedly more |
favorable in case of a return to Port |
Hartford than by continuance, of the |
voyage to Kihei. and that the seri-
BUSINESS of the libelant's condition re-
luired the adoption of the most prom
sing plan.
l find the ship liable to the libelant
n damages for the injuries received
by him through the negligence of its
agents in furnishing for the ships use
| windlass and chain which did not
it each other, for injuries received
through the negligence of the master
n using such windlass and chain to-
,ether for holding the said towline. and
or the masters neglect of his duty to
he libelant in neglecting and refusing
0 return to Port Hartford for medical
nd surgical assistance. AS to the
mount of damages, 1 consider that the
belant's earning capacity may be
easonably estimated to be not over
ne-thfrd of what it was before the
injury. He is incapacitated from per-
orming work as a seaman, but may
till earn something on land. He had /,
cen earning in wages and perquisites
ne hundred and fifty dollars month,
nd was earning on the Fullerton in
ages and perquisites one hundred
nd forty dollars a month, with the
nance of making it up to one hundred
nd fifty dollars. He was forty years
Id on the first of last February, and
is expectation of life at the time of
is accident was 2S-18 years, With a |
iseount for the sea service on a sail