The opinion of the court was delivered by: Clary, District Judge.
This is a companion case to the case of Lucibello v. Pope and
Talbot, Inc., D.C., 103 F. Supp. 411. The discussion in the
opinion in that case filed concurrently herewith is equally
applicable to the facts of this case. I have found that the
respondent is liable for damages because of the unseaworthy
condition of the vessel in that its lighting system was defective
and that it was guilty of negligence in failing to provide a safe
place to work. To the extent that the facts in this case differ
from the Lucibello case, the differences will be reflected in the
following findings of fact and conclusions of law.
I adopt as my findings of fact the following requests of
libellant for findings of fact: Nos. 1 to 16 inclusive, 18 to 20
inclusive, and 22.
I also make the following findings of fact in lieu of those
requested by the libellant and not affirmed.
17. In the afternoon of February 12, 1950, while National's
employees were working in the forward or No. 1 deep tanks, the
ship ran steam into the pipes in the after or No. 2 tanks. This
caused the kerosene, which had been recently freely applied to
these pipes, to vaporize and create a foggy misty condition in
the air of the lower hold with acrid fumes irritating to the
eyes. No notice of this, before or after it was done, was given
to National's employees generally or the libellant specifically.
23. Libellant returned to his work in December of 1950 and
during the year 1951 his earnings totaled the sum of $3500, the
same amount as his previous full year's earnings at the same
occupation in 1949.
24. Prior to the accident, libellant, though afflicted with a
hemiplegia from infancy, was able to do his work capably and
satisfactorily. He had been engaged in ship cleaning work for
approximately one year prior to the accident and had earned about
$3500. His earning capacity in the work in which he was engaged
at the time of the accident and is still engaged was $3500 per
25. Libellant has effected a good medical recovery and his
earning capacity has not been diminished by this accident.
26. Libellant was born on February 26, 1911, is well-built, has
had a grade school education and, to the extent that he was
physically able to do the manual labor required in ship cleaning
work prior to the time of the accident, that ability has not been
impaired by the results of this accident.
27. The damages suffered by the libellant as a result of his
injuries and due to the fault of the respondent, including loss
of earnings while he was necessarily absent from work as a result
of the injuries, medical expenses, and pain and suffering,
including an allowance for some minor future inconvenience amount
I adopt as my conclusions of law libellant's requested
conclusions of law Nos. 1 to 8 inclusive.
9. The libellant is entitled to judgment in the amount of
$8,500 against respondent, ...