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JASKOLSKI v. GROVES

June 22, 1949

JASKOLSKI
v.
GROVES et al.



The opinion of the court was delivered by: MCGRANERY

Findings of Fact

1. On May 19, 1947, the decedent, Frank E. Jaskolski, was a seaman in the United States Merchant Marine.

 2. On that date, the defendants possessed, operated, managed and controlled the S.S. Jefferson City Victory in foreign commerce.

 3. On April 23, 1947, decedent signed Shipping Articles as a member of the crew of the S.S. Jefferson City Victory, in the capacity of able-bodied seaman, at the rate of $ 182.85 per month cash wage, plus keep of the value of $ 45.00 per month, for a foreign voyage from the Port of Savannah, Georgia, to one or more ports in Europe, and back to a final port of discharge in the United States, for a term of time not exceeding nine calendar months.

 4. At the time the decedent signed aboard the vessel, he was possessed of normal, healthy hands and fingers.

 5. On May 19, 1947, at approximately 2:30 P.M., while the vessel was at sea, approaching the Delaware River pilot station, the Chief Mate ordered the booms to be raised, or 'topped', under the supervision of the Boatswain.

 6. The decedent was assigned to handle the inside starboard boom guy line. His duty was to take up slack in this line, so that the boom would not sway from side to side.

 7. The Boatswain, himself operating the starboard winch, did not give sufficient attention to the general supervision of the operation.

 9. After decedent's finger was caught between the guy line and the cleat, he and George Culver, another seaman engaged in the operation, called and shouted to the Boatswain to stop the winch which he was operating, but the latter, not properly supervising the operation, did not hear until about three-quarters of a minute later, when he stopped the winch and decedent's finger was able to be released.

 10. Decedent's injuries were sustained through no fault of his own, nor by reason of any misconduct on his part.

 11. The officers of the vessel were negligent in failing to report decedent's injury to the quarantine doctor who came aboard the vessel at 8:00 p.m., five and one-half hours after the injury.

 12. As a direct result of the delay due to the negligence of the officers of the vessel, the decedent was caused to suffer prolonged pain.

 13. Decedent suffered pain, mental anguish and disfigurement as a result of his injury. A fair sum in ...


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