The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1916-08-04
SEAMAN 5 ACT
is CONSTRUED
Important Opinion Is Hand
ed Down BY Federal Judge
VIM. B. Sheppard.

The libel against the British sailing
ship Centurion, for $1,000, was dis.
missed Thursday by United States
Judge W. B. Sheppard, for the North
ern District of Florida. The action
was instituted by Martin Nielsen for
personal injuries which he alleged
to have sustained on board the ship,
through negligence Of the ship Off
GERS.
The decision is of added impor-
lance as it puts new construction
on the La Toilette seaman's act,
which has never been brought up be-
fore a court in this district, and de-
clares that an act committed on the
high seas, on a foreign vessel, by
foreigners is not cognizable under the
United States seaman's act, but
should be judged under the general
maritime laws.
The decision is in particular refer
ence to Section 20 of the act, and
states that the act Is not applicable
to case where a foreign seaman
suffered injuries on a foreign boat,
outside the jurisdiction of the United
States. That in such case the gen.
eral maritime law would control.
Judge Sheppard's decision in part
is as follows:
The facts in this case are: That
! Nielsen, on 90 of February, 1916,
shipped on board the Centurion at
Fleetwood, England. The ship sailed
on March 4, after being at sea two
! days, and on the 9th day of March
Nielsen was ordered to go forward
to do some work, ballasting in the
hold of the ship. While walking on
( the tween decks, he fell through an
open hatch to the bottom of the ship,
a distance of about fifteen feet.
The hbellant alleged negligence of
the ships officer in leaving the hatch
open, and prayed for damages for
the personal injury in the sum of
! $4,000 in addition to such sum as
would be sufficient to effect cure.
att will be noted that the damages
are cleaimed for both the hurt and for
the inadequate hospital care. The
injury was sustained by Nielsen, anC
his cause, if any, accrued on the high
sea, on board a British vessel.
cit was contended by the hbellant
that the La Toilette seaman's act of
1915 was applicable, and that the
libellant is entitled to the benefits OF
Section 20 of the act, which abolisheI
the fellow servant rule as to seamen
Having command" and that under il
the ship was ibelled even for thC
negligence of any of its officers.
cit is settled law both in England
and America that the seaman is no
allowed to recover an indemnity fol
the negligence of the master, or any
member of the crew, but is entitled
only to maintenance and cure, wheth
err the injuries were received through
negligence or accident. This unques
tionably is the general maritime law
applicable to causes accruing on this
high seas. The authority of the Uni
ted States and the power of congress
to legislate for certain territory ex-
tends only over that which it has jul
risdiction.
'Had the injury of the ibellant
been suffered within the jurisdiction
of the United States it may be tn
seaman's act would have applied. Blu
the general maritime law as recog
nized and administered by the tw
countries controlled, and indeed Their
could be no liability except for fail
ure to supply proper maintenance AM
medical care and attention.
''The court holds that there wa
not sufficient proof that the ship fail
ed to supply proper medical care dur
ing the remainder of the voyage, an
adequate hospital care and attentio
upon arrival at Pensacola, April q
In the absence Of such proof tn
libel would be dismissed.