177 F.2d 601 | 9th Cir. | 1949
In April, 1946, appellant Alexander S. Page was injured in the performance of his duties as acting second assistant engineer on a merchant ship en route from the west coast of the United States to the Orient. As a result, on May 2nd he left the ship after her arrival in Japan and was sent back to his home in Portland, Oregon. The return voyage of the vessel was completed about June 15, 1946. The United States was the owner and Moore-McCormack Lines, Inc. the general agent for the transaction of certain shoreside business of the ship under the terms of standard form agency agreement GAA 4-4-42.
Appellant libeled both the owner and the general agent in personam under the Suits in Admiralty Act, 41 Stat. 525, 46 U.S.C.A. § 741 et seq., for damages, wages and maintenance and cure. The trial court found that none of the allegations of unseaworthiness or of negligence set forth in the libel was sustained by the evidence and denied recovery of damages but allowed recovery from the United States of wages to the end of the voyage, and maintenance and cure to August 28, 1946. The libel was dismissed as to MooreMcCormack Lines, Inc.
As to the denial of recovery of damages we think the trial court should be affirmed on the authority of Vileski v. Pacific-Atlantic S.S. Co., 9 Cir., 163 F.2d 553. The facts of that case are very similar to the facts in the case at bar. Here, as in the cited case, the testimony, all of which was given orally at the trial, amply supports the court’s finding that the appellant -failed to maintain the burden of proof of negligence.
Appellant contends that he was entitled to recover double wages under the provisions of 46 U.S.C.A. § 596
Decree affirmed.
. 46 C.F.R.Cum.Supp. Sec. 306.44.
. In pertinent part, the section reads as follows: “The master or owner of any vessel * * * shall pay to every seaman his wages * * * in case of vessels making foreign voyages, * * * within twenty-four hours after the cargo has been discharged, or within four days after the seaman has been discharged, whichever first happens; * * *. Every master or owner who refuses or neglects to make payment in the manner hereinbefore mentioned without sufficient cause shall pay to the seaman a sum equal to two days’ pay for each and every day during which payment is delayed beyond the respective periods, which sum shall be recoverable as wages in any claim made before the court; * * *.”