The opinion of the court was delivered by: BARD
This is a seaman's action in admiralty to recover maintenance and cure from May 29, 1947 to April 3, 1950. On the basis of the pleadings and the testimony. I make the following special
1. The libellant is Samuel L. Tribune, a seaman for the purposes of this libel.
2. The respondent is the United States of America, the owner of the vessel the S.S. 'Cornelius Harnett'.
3. This action is brought pursuant to the Suits in Admiralty Act,
and the Clarification Act.
4. On January 20, 1945 libellant was found to be suffering from diabetes mellitus, a permanent disease, and he has been taking insulin ever since.
5. From July 7, 1945 to August 24, 1945, libellant was employed as chief cook aboard the 'Cornelius Harnett', at which time this vessel was being operated by the Black Diamond Steamship Corporation pursuant to a general agency contract GAA 4-4-42.
6. During his service aboard the 'Cornelius Harnett' libellant was deprived of insulin to such an extent that his diabetes was aggravated.
7. Libellant sued the Black Diamond Steamship Corporation, in this Court, Civil Action No. 5743,* and on May 29, 1947 recovered $ 5,000 in damages for such aggravation and $ 700 for maintenance and cure.
8. Since libellant was found to be diabetic, he has been hospitalized in United States Marine Hospitals as follows:
Hospital Admitted Discharged
Staten Island, N.Y. 1/20/45 2/26/45
Baltimore, Md. 8/28/45 11/1/45
Baltimore, Md. 11/30/45 12/22/45
Baltimore, Md. 4/1/46 4/10/46
Staten Island, N.Y. 8/15/46 9/5/46
Baltimore, Md. 9/13/46 10/10/46
Staten Island, N.Y. 4/15/47 6/18/47
Savannah, Ga. 8/4/47 8/8/47
Baltimore, Md. 9/9/47 10/1/47
Baltimore, Md. 12/4/47 12/30/47
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