between the date of her first discharge from the hospital and the time of the trail of this case.
11. Plaintiff, by reason of the aforesaid injuries, was disabled from performing gainful work from December 24, 1943, the date of her original entry into the Marine Hospital to the time of the hearing in this case, October 22, 1947. Her need to maintenance and cure continued during said time.
12. Plaintiff recovered a verdict for $ 5,000 in a civil action for damages because of defendant's negligence under the Jones Act, 46 U.S.C.A. § 688, in this Court at 4397 Civil Action which was affirmed by the Circuit Court on appeal.
13. The parties stipulated that $ 3,50 per day is a fair and reasonable amount for plaintiff's maintenance.
Conclusions of Law
1. Plaintiff was injured while in the service of the defendant and on a vessel owned and operated by it and while she was employed thereon as a seawoman and member of the crew.
2. Plaintiff is entitled to maintenance at the rate of $ 3.50 per day from December 24, 1943 to the date of trial, October 22, 1947, less the time she has been in the Marine Hospital.
This is an action to recover maintenance and cure under the Admiralty and Maritime laws of the United States.
Plaintiff in September, 1943 and prior thereto, was employed by defendant as a seawoman in the capacity of chambermaid on the Steamer James E. Lose owned and operated by defendant in navigation on the Monongahela and Ohio Rivers, navigable waters of the United States and while so employed in September, 1943, in the making of a bed, she fell from a stool or ladder and received injuries to her leg, back and abdomen. Her injuries disabled her from performing gainful work from December 24, 1943 to the date of the hearing in this case, October 22, 1947.
Plaintiff recovered a verdict and judgment in the amount of $ 5,000 for damages by reason of negligence under the Jones Act, 46 U.S.C.A. § 888. This judgment was affirmed by the Circuit Court of Appeals and has been paid. Defendant moved for judgment in the present action on the pleadings setting forth that the aforesaid judgment was Res Judicata of plaintiff's claim in this action for maintenance and cure. This motion was refused. D.C., 69 F.Supp. 893.
Plaintiff is entitled to recover maintenance and cure from the time of her injuries to the date of trial, less the stipulated time that she was furnished the same. The duty of the defendant to provide maintenance and cure as long as the seawoman's need continues is set forth in the opinion of this Court disposing of the aforesaid motion for judgment. See Calmar Steamship Co. v. Taylor, 303 U.S. 525, 58 S. Ct. 651, 82 L. Ed. 993 and Loverich v. Warner Co., 3 Cir., 118 F.2d 690.
Let an order for judgment be prepared and submitted in accordance with the foregoing Findings of Fact, Conclusions of Law and this Opinion.
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