16. Because of his physical condition, libellant did not obtain employment until May 26, 1945, on which date he was employed as a truck driver by a Philadelphia beverage concern. He remained in that position until September 2, 1945, and earned a total of $ 722.77 during that period of employment.
17. Libellant secured a position as a templet maker on October 31, 1945, and has been employed in that capacity until the present time. He is now earning approximately $ 57 per week.
18. For many years prior to his entry into the United States Army, libellant's regular occupation during the Spring and Summer months, was that of baseball empire. His last employment as an umpire was with the Piedmont Baseball League, for which libellant worked from July 1, 1941 through September 14, 1941. In that connection libellant earned a salary of $ 200 per month plus actual travelling expenses.
19. During the Fall and Winter months of the years prior to his entry into the United States Army, libellant had various business connections and worked at jobs which paid him approximately the same amount of money as he earned from umpiring during the baseball season.
20. The Piedmont Baseball League is presently paying its umpires a salary of $ 250 per month plus actual travelling expenses. The umpires are required to pay their board and lodging expenses out of their salary.
21. Prior to August 6, 1944, libellant suffered from a genital-urinary condition, and also had a minimal hypertrophic osteo-arthritic condition in the skeletal structure of his lower lumbar and sacro-iliac area. However, neither of these conditions interfered with his physical activities during his waking hours, nor did they impair the functioning of his back or limbs in the discharge of his duties as a baseball umpire.
22. As a result of the accident sustained by libellant on August 6, 1944, his pre-existing arthritic condition was aggravated, and libellant now suffers from occasional instability in the sacro-iliac area with resultant partial restriction of motion and partial loss of sensation in his back and right leg, to the extent that he is now, and will continue to be in the future, unable to perform heavy manual labor or engage in continued strenuous physical activity.
23. The accident of August 6, 1944, was due to the negligence of respondents in permitting the existence of the defective condition of the bunk to which libellant was assigned on board the 'John Philip Sousa.'
24. The accident of October 30, 1944, was not occasioned by any negligence on the part of respondents.
25. As a result of the accident of August 6, 1944, libellant has sustained loss of earnings in the past in the amount of $ 2000.
26. A fair sum in compensation for libellant's pain and suffering resulting from the accident of August 6, 1944, is $ 1500.
27. Libellant at present is suffering no diminution of earnings by reason of his partial disability.
28. Libellant will suffer no diminution of future earnings by reason of his partial disability.
29. Libellant is entitled to an award of maintenance and cure for a period of 159 days at $ 3 per day, a total of $ 477.00.
Conclusions of Law.
1. This Court has jurisdiction of the subject matter and the parties to this action.
2. Libellant is entitled to $ 3500 damages for loss of earnings and pain and suffering caused by the negligence of respondents.
3. Libellant is entitled to $ 477 maintenance and cure.
4. A decree will be entered in favor of libellant in the amount of $ 3977.
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