Laws, it follows that the libellant in this case is not precluded by any judgment recovered in the Common Pleas action, for the reason that such recovery could not include maintenance. Libellant is entitled to recover for maintenance from the date of injury to the date of trial at the rate stipulated.
Let an order for judgment be prepared and submitted in accordance with the Findings of Fact, Conclusions of Law and this Opinion.
The Court, after hearing, makes the following Findings of Fact and Conclusions of Law:
Finding of Fact
1. Libellant, Peter Paul Rankin, is a citizen and resident of the City of Pittsburgh, Allegheny County, Pennsylvania.
2. Respondent, Iron City Sand and Gravel Corporation, is a corporation engaged inter alia in the mining and transportation of sand and gravel upon the Ohio and Monongahela Rivers, and has an office for the transaction of business within the jurisdiction of this Court.
3. This Court has jurisdiction over the parties subject matter of this suit under and by virtue of its general admiralty jurisdiction in maritime actions, under the Constitution and Laws of the United States.
4. This action is a libel under General Admiralty and Maritime Laws to recover maintenance by a seaman injured in the course of his employment.
5. Libellant on September 15, 1944 and for some time prior thereto, was employed by respondent as a seaman in the capacity of watchman and deck-hand on the motor vessel 'Prosperity', which was owned and operated by respondent in navigation on the said rivers, which are navigable waters of the United States, and said libellant was a member of the crew of said vessel.
6. On the evening of September 15, 1944, the said motor vessel 'Prosperity', owned and operated by the respondent, was in operation upon the Monongahela River, proceeding downstream, having in tow two barges upon the front end and a barge upon the side; the destination of said vessel and barges being Rochester, Pennsylvania. When the said vessel had reached a point near the Point Bridge, Pittsburgh, Pennsylvania, the said vessel was then steered toward the side of the said Monongahela River, it being the intention to make a landing at the harbor, landing of the Pittsburgh Coal Company, located beyond said Point Bridge, on the southern side of the Ohio River, which joins with the said Monongahela River, at the said Point Bridge. As the said boat and barges approached the said landing, the libellant, acting under the orders of the Captain of the said vessel, was located upon the front part of one of the front barges for the purpose of manipulating a rope to anchor the said barge to the said landing.
7. Libellant was on the port side of the forward line deck of Barge No. 223 having caught a line on timber head of Pittsburgh Coal Company Barge at landing and was securing a line on the timber head of Barge No. 223 when he in some manner wound it around his leg resulting in an injury to his right leg.
8. As a result of the injury which libellant sustained on the barge as aforesaid, he suffered a traumatic amputation of the middle third of the right leg.
9. Libellant was in the U.S. Marine Hospital in Pittsburgh, Pennsylvania from the date of the injury, September 15, 1944 to May 22, 1945 and also from June 5, 1945 to June 22, 1945 and from Nov. 27, 1945 to Dec. 3, 1945; a total of 272 days.
10. Libellant was fitted with an artificial leg which he still uses.
11. Libellant, by reason of the aforesaid injury, was disabled from performing his accustomed work on river vessels and barges from the time of his injury up to the time of trial, April 1, 1947. His need to maintenance continued during said time.
12. Libellant recovered a verdict for $ 10,000 in a civil action for damages because of respondent's negligence under the Jones Act, 46 U.S.C.A. § 688, in the Common Pleas Court of Allegheny County, Pennsylvania at 1790 July Term, 1945. The case is pending in the State Supreme Court on defendant's appeal.
13. The parties stipulated that $ 3.50 per day is a fair and reasonable amount for Libellant's maintenance.
Conclusions of Law
1. Libellant was injured while in the service of the respondent and on a vessel owned by it and while he was employed and acting as seaman.
2. The action pending in the Court of Common Pleas of Allegheny County, and now on appeal in the Supreme Court of Pennsylvania, in which the libellant is plaintiff and the respondent is defendant, is not res adjudicata as to libellant's right to maintenance.
3. Libellant is entitled to maintenance, (the right to cure having been waived) at the rate of $ 3.50 per day from the date of his injury, September 15, 1944 to the date of trial, April 1, 1947, at the rate of $ 3.50 per day, less the time he has been in the Marine Hospital.
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