2. The Mormacsul was owned by the respondent, United States of America, through the War Shipping Administration.
3. The defendant, Moore-McCormack Lines, Inc., entered into an agreement with the United States of America to operate the Mormacsul.
4. The midship deck of the Mormacsul was not oiled with fish oil or any greasy and slippery substance at any time prior to the sinking on May 27, 1942, and subsequent to the departure from Philadelphia on its trip to Iceland.
5. The midship deck had to be traversed to reach the ladders leading to the boat deck on which were kept the lifeboats, life rafts, and other life-saving equipment.
6. On May 27, 1942, the Mormacsul was attacked by enemy aircraft and sunk.
7. In leaving the stricken craft plaintiff fell on the midship deck and injured his right hand.
8. The plaintiff sought no medical treatment for his injuries, made no complaint to any one, and did not report any injury until he returned to the United States, when he applied for and received treatment at the United States Public Health Service in Philadelphia.
9. Plaintiff's injury required medical attention and care from August 6 to September 29, and was treated from time to time during that period at the United States Public Health Service.
10. Plaintiff was requested by the Chief Officer to submit his list of hours worked, which he did.
11. Plaintiff was paid and admitted receipt of the entire amount of overtime appearing upon his overtime slip.
12. No injury which plaintiff received prevented him from performing any and every kind of duty pertaining to his occupation.
13. Plaintiff was at no time totally disabled.
14. No negligence act on the part of the Moore-McCormack Lines, Inc., its agents or employees, caused an injury to the plaintiff.
15. There was no negligence on the part of Moore-McCormack Lines, Inc.
Conclusions of Law.
1. The defendant, Moore-McCormack Lines, Inc. is not liable to the plaintiff for damages suffered by the plaintiff on account of any injuries which he may have received in the sinking of the ship, or at any other time.
2. The plaintiff is not entitled to recover damages in any amount from the Moore-McCormack Lines, Inc.
3. The plaintiff, having injured himself in the service of the ship of the defendant, is entitled to cost of maintenance and cure at the rate of $ 3 a day for 54 days, or a total of $ 162.
4. The plaintiff is not entitled to any additional wages, and neither the defendant, Moore-McCormack Lines, Inc. nor the respondent, United States of America, are liable therefor.
5. The burden was upon the plaintiff to show by legal evidence that he received an injury which, within 90 days resulted in total disability, and which necessarily and continuously prevented him from performing any and every kind of duty pertaining to his occupation. The plaintiff failed to meet that burden, and is not entitled to recover in the action on the insurance policy.
Now, April 30, 1947, the Clerk of this Court is directed to enter judgment against the defendant, Moore-McCormack Lines, Inc. in Civil Action No. 3049 in the amount of $ 162, and to enter judgment in favor of the respondent, United States of America, in No. 15 of 1944 in Admiralty.
The action in No. 15 of 1944 in Admiralty as to War Shipping Administration is dismissed.
© 1992-2004 VersusLaw Inc.