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REABE v. CARNEGIE-ILLINOIS STEEL CORP.

October 30, 1951

REABE
v.
CARNEGIE-ILLINOIS STEEL CORP



The opinion of the court was delivered by: CLARY

Findings of Fact.

1. Libellant is a citizen and resident of Twilight Borough, Washington County, Pennsylvania.

 2. Respondent is a corporation organized under the laws of the State of New Jersey with its principal office for the transaction of business in the City of Pittsburgh, Allegheny County, Pennsylvania.

 3. At the time herein mentioned the respondent owned and operated the Steamer 'I. Lamont Hughes', a vessel in navigation on the Mongahela River and libellant was employed by respondent thereon as a chambermaid and was a member of the crew of said vessel.

 4. On or about August 9, 1946 in the afternoon of said day, said steamer, 'I. Lamont Hughes' together with its own of barges was being locked through Lock No. 4 on the Monongahela River in the vicinity of Monessen, Pennsylvania, and within the jurisdiction of this Court.

 5. On or about August 9, 1946 at about 1 p.m. while the said vessel was in the lock chamber at Lock No. 4, libellant went to the telephone at or near said lock.

 6. While libellant was returning to the vessel, when she arrived on the quarterdeck of the barge she was struck by a 2-inch tow line which was dropped by the lock man onto the barge.

 7. As a result of being struck by said tow line, the libellant sustained injuries causing a functional nervous condition which totally disabled libellant from working from March 30, 1947 until the time ot trial, March 14, 1951, and which disability may continue in the future.

 8. Libellant has been and will be in need of medical care to relieve and improve her condition.

 9. Libellant is entitled to maintenance and cure from March 30, 1947 until March 14, 1951, excepting the periods of March 30, 1947 to June 23, 1947 and January 10, 1950 to January 19, 1950 when she was afforded hospitalization.

 10. The libellant is entitled to maintenance and cure at the rate of $ 4 per day, the rate stipulated by the parties at trial.

 Discussion.

 This is the Admiralty phase of the case of Reabe v. Carnegie-Illinois Steel Corporation, D.C., 100 F.Supp. 726. An opinion has been filed in that case denying recovery on the grounds of lack of negligence. The present action being for maintenance and cure is not dependent upon the negligence of the respondent and there having been proof of injury in the course of employment, her right to maintenance and cure accrues until she has obtained the fullest measure of recovery possible under the circumstances. See Calmar S.S. Corporation v. Taylor, 3 Cir., 92 F.2d 84, 87.


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