he would gladly go along. He then picked up his suitcase and walked off the vessel.
28. On January 19, 1945, Joseph Engel, on the advice of Dr. McGarvey of Bridgeville, Pennsylvania, was taken to the Marine Hospital at Pittsburgh, Pennsylvania. At that time his condition was 'Emphysema of lobes of both lungs and severe tracheabronchitis, generalized.' On admission, he gave a history of having severe coughing attacks and general weakness for approximately one week prior thereto. Joseph Engel was confined in the Marine Hospital until February 21, 1945, when he died. The medical records of the Marine Hospital show the cause of death to be: 'Immediate cause, Emphysema, generalized, severe, two years; other causes Superative Tracheabronchitis, generalized.' An autopsy of decedent's body was performed on February 21, 1945 at the Marine Hospital, Pittsburgh, Pennsylvania.
29. Joseph Engel was married to his wife, Emman Engel, on April 11, 1942, who, at the time was 49 years of age. He was born on January 3, 1893. Prior to his marriage, Engel had been employed as a cook or steward on various boats and was afflicted with 'asthma.' A couple of weeks following his marriage, Engel left on a voyage and was gone until February, 1943. During that voyage, he suffered with heat exhaustion or heat stroke, which left him groggy at times. From April 1943 until August, 1943, he was employed as a welder at Universal Cyclop Steel Company, Bridgeville, Pennsylvania, where he became sick and was sent to St. Francis Hospital for treatment.
30. Engel was confined at the St. Francis Hospital, Pittsburgh, Pennsylvania from August 27, 1943 until September 11, 1943 under the care of Dr. R. R. Clark. When admitted, he was found to have arteriosclerotic heart disease, emphysema, chronic bronchitis and myocarditis and he gave a history of having suffered a heat stroke in the Persian Gulf one year and a half previously which hospitalized him for thirty-five to forty days and which hospitalized him for one month following his return to New York. On September 11, 1943 he was discharged from St. Francis Hospital and was advised to go home for a period of rest and then find some type of work which would require as small amount of exertion as possible.
31. In October, 1943, Engel again hired out as a steward or cook on a vessel bound for Sicily, not returning until May, 1944. Upon arriving from Sicily he was confined to a hospital in Norfolk, Virginia until September, 1944. While returning to Pittsburgh on the train, he became sick and he was taken to the Marine Hospital, Pittsburgh, Pennsylvania, where he was admitted on September 7, 1944. His diagnosis at the Marine Hospital, Pittsburgh, Pennsylvania, was 'Asthma, bronchial, myocardial damage.' On October 9, 1944, Engel was discharged from said hospital as not yet fit for duty but to report later for outpatient treatment.
32. During the entire trip to New Orleans and return, Engel never complained of being ill, never asked for medical treatment, but performed his duties of steward everyday without complaint.
33. Joseph Engel did not make known to the defendant his physical condition before or during his employment, or that he was not able to do the work which he was doing. He was guilty of contributory negligence. The amount of such negligence chargeable to him was one-half of the total negligence in this case.
34. The total damages suffered by the plaintiff in this case is $ 8,000, one-half thereof is chargeable to Joseph Engel by reason of his contributory negligence.
Conclusions of Law.
1. This Court has jurisdiction over the parties and the subject matter involved under the provisions of the Merchant Marine Act of 1920, Section 33, commonly referred to as the Jones Act, 46 U.S.C.A. § 688.
2. The defendant was under a duty after Engel's employment to safeguard his health, to relieve him from duties, which by reason of his physical condition, he was not able to do and to furnish him with medical care. Defendant, not having done so, has breached its duty which it owed to Engel in this respect.
3. The defendant is guilty of negligence in the breach of its duty to Engel and such negligence approximately caused an aggravation of his illness which resulted in his death.
4. Joseph Engel was guilty of contributory negligence which contributed to his death and this negligence was one-half of the total negligence in this case.
5. Judgment should be entered for the plaintiff in the amount of $ 4,000 with costs.
6. Judgment on the claim for maintenance and cure should be entered in favor of the defendant as per stipulation of the parties.
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