The opinion of the court was delivered by: KALODNER
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 action.
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 Phelsingbord 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 ...