220 F. 93 | 9th Cir. | 1915
The appellee shipped as a seaman on the Olympic for a voyage from San Francisco to the appellant’s salmon cannery at Locanock, Alaska, and return. On July 12, 1912, while in that employment and working on a lighter which was alongside the appellant’s dock, engaged in throwing fish into a bucket to be hoisted up to the, wharf, he sustained an injury to his knee. In his libel he alleged that the appellant failed and neglected to furnish him with proper medical and' surgical care and attention, and compelled him to work on board the Olympic after he was injured, that he did not and could not receive proper medical care at Locanock, and that he could and should have been sent by the appellant to Naknek, or to Koggiung, or to Dutch Harbor, where he could have received proper medical and surgical care and attention. Upon the evidence, the court below found that the appellant was negligent as alleged, and decreed that it pay the •appellee $506, together with interest on said sum from December 21, 1912, the date of the filing of the libel, arid the appellee’s costs.
“All bands employed upon a vessel, except the master, are entitled to a lien if their services are in furtherance of the main object of the enterprise in which she is engaged. * * * I do not regard the fact that libelant slept upon shore at night, and there reeled out and mended the nets, as qualifying in any way the nature of his contract. These services were merely incidental and subsidiary to his main contract.”
In Alaska Packers’ Ass’n v. Domenico, 117 Fed. 99, 54 C. C. A. 485, this court affirmed the jurisdiction in admiralty of a contract made by men who acted as seamen on a voyage to and from salmon fishing grounds in Alaska to work as fishermen during the season, and assist in canning fish on shore, and in loading them on board'for transportation, notwithstanding that the men while engaged in fishing slept on shore, and mended their nets and cared for the fish on shore. See, also, The Virginia Belle (D. C.) 204 Fed. 692; McRae v. Bowers Dredging Co. (C. C.) 86 Fed. 344; Disbrow v. The Walsh Brothers (D. C.) 36 Fed. 607.
“It is up to you, Mr. Hale, to take care of me. It is up to you to get me to some other doctor where I can get treatment, because that doctor won’t do nothing for me. He claims there is nothing the matter with me”
—-and that, in answer to such requests, he was told, “We have no launches to spare.”
The court below in the opinion said:
“I am satisfied from the evidence herein that the libelee did not furnish libelant with proper medical attention and care after his injuries, as the doctor at all times seemed to regard libelant’s injuries as trifling, and libel-ant himself as a malingerer. It is evident, however, that the injury to libelant’s knee was .a grave one, which, if properly treated, would not have resulted so seriously.”
We think the evidence in the case sustains the conclusion of the trial court.
The decree is affirmed.