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WHITE v. CAMPBELL

March 22, 1951

WHITE
v.
CAMPBELL



The opinion of the court was delivered by: MCVICAR

And now, to-wit, this 22nd day of March, 1951, the above-entitled case came on for hearing before the Court without a Jury, and after consideration thereof, the Court makes the following Findings of Fact, Conclusions of Law, and Order:

Findings of Fact.

 1. Libellant is a citizen and resident of Pittsburgh, Pennsylvania.

 2. Respondent is a citizen and resident of Pittsburgh, Pennsylvania and does business under the name of Coal City Towing Company.

 3. The libellant, Charles White, was a deckhand on the vessel 'Nancy Jane' owned by the respondent, Thomas L. Campbell, prior to and during the months of October and November, 1945.

 4. The said vessel 'Nancy Jane' was in navigation on the Ohio River and its tributaries in October and November, 1945.

 5. Sometime during October or November, 1945, while working aboard the 'Nancy Jane', libellant was proceeding upon a wooden ladder from the bridge of the vessel to a barge being towed by the vessel.

 6. While upon the ladder, several rungs broke, causing libellant to fall, injuring his right shoulder, right arm, right knee and abdomen.

 7. Libellant continued to work for two days and then missed the boat while docked and since has not been employed in any capacity.

 8. In May, 1947, a settlement was entered into be libellant and respondent, the terms of which constituted a complete settlement of a Civil Action brought under the Jones Act, 46 U.S.C.A. § 688, and settlement of a claim for maintenance and cure until May, 1947. The stipulation entered into, by its terms, was not to act as an admission of liability on the part of respondent, nor is it a bar to the present action now under consideration.

 9. Libellant is sixty-six years of age, and has been receiving a disability pension by virtue of an arthritic condition since the end of World War I.

 10. Shortly after the accident, libellant entered the United States Marine Hospital Clinic in Pittsburgh for medical treatment of his side, but did not receive any treatment for his shoulder injury.

 12. Subsequently, libellant entered the Veterans' Hospital for further treatment, and again failed to relate the events giving rise to this ...


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