The opinion of the court was delivered by: Kalodner, Circuit Judge.
These cases involve two separate causes of action. The civil
action, seeking recovery of damages for personal injuries, was
brought under the Jones Act, 46 U.S.C.A. § 688. The action in
admiralty is for maintenance and cure and wages. The two cases
were consolidated for trial with a waiver of jury in the civil
The two causes of action arise out of incidents, hereinafter
set forth in detail, which occurred on board the S.S. Julien
Dubuque between the 15th and 20th of August, 1948, while the
plaintiff-libellant, George W. Glazier, was a member of its crew
as First Assistant Engineer.
On the basis of the pleadings, testimony and other evidence, I
make the following
1. Plaintiff-libellant (hereinafter referred to as "plaintiff")
is a resident and citizen of the state of Pennsylvania. He was
born on April 17, 1892.
2. Defendant-respondent (hereinafter referred to as
"defendant"), Sprague Steamship Company, is a Massachusetts
corporation; and at all times material hereto was the bareboat
charterer in possession and control of the S.S. Julien Dubuque, a
vessel owned by the United States of America.
3. On April 3, 1946, plaintiff was admitted to the U.S. Naval
Hospital at Philadelphia, suffering from a coronary occlusion. He
remained there until May 1, 1946. His hospital record at this
time showed evidence of high blood pressure, or hypertension.
4. On January 3, 1948, plaintiff joined The Julien Dubuque in
the capacity of First Assistant Engineer at a monthly wage of
$402.93 plus overtime.
5. On August 15, 1948, while the vessel was at Helsingbord,
Sweden, plaintiff was taken ill. A doctor, summoned aboard,
diagnosed plaintiff's condition as a heart attack, and prescribed
rest and medication.
6. Plaintiff remained in bed for about two days, after which he
resumed his duties in the engine room. At about the same time he
returned to work, he also went ashore in his spare time.
7. On August 19, 1948, plaintiff suffered a second heart
attack. A doctor was again called and treated him. Plaintiff was
relieved from further duty, the Second and Third Assistant
Engineers standing his watch.
8. The vessel sailed from Helsingbord on August 19, with
plaintiff sick in his berth, the doctor having considered it safe
for him to make the journey back to the United States.
9. En route to Narvik, Norway, plaintiff's condition became
worse. The vessel changed its course to Kristiansand, Norway,
where plaintiff was taken ashore on August 20.
10. Plaintiff was hospitalized at the Kristiansands Kommunal
Sykehus from August 20 to September 25, 1948, where he was
treated for coronary thrombosis with myocardial infarction.
Electrocardiograms taken on admission indicated the presence of
an acute myocardial infarct involving the posterior wall of the
left ventricle. During the course of his confinement he was
treated with ...