194 Misc. 942 | City of New York Municipal Court | 1948
The plaintiff, a seaman, rated as a fireman and watertender, on the S. S. John N. Robins, was injured while on shore leave in the port of Split, Yugoslavia, on February 3,1946; he went ashore about noon; in the exercise of a seaman’s wonted privilege he resorted to a tavern where he drank one glass of wine like to our familiar port; thereafter in the course of a walk about town he visited another liquid dispensary where he quaffed two glasses of a similar vintage; there he met a woman whose blandishments, prevailing over his better sense, lured him to her room for purposes not particularly platonic; while there “ consideration like an angel came and whipped the offending Adam out of him ’ ’; the woman scorned was unappeased by his contrition and vociferously remonstrated unless her unregarded charms were requited by an accretion of “ dinner ” (phonetically put); the court erroneously interpreted the word as showing that the woman had a carnivorous frenzy which could only be soothed by the succulent sirloin provided at the plaintiff’s expense; but it was explained to denote a pecuniary not a gastronomic dun; she then essayed to relieve his pockets of their monetary content but without the success of the Lady that’s known as Lou in Service’s Spell of the Yukon where the man from the creeks, unlike plaintiff, was not on his toes to repel the peculation; completely thwarted the woman locked plaintiff in her room whereupon he proceeded to kick the door while he