The opinion of the court was delivered by: Bard, District Judge.
This is a seaman's action in admiralty for damages for personal
injuries and for maintenance and cure. On the basis of the
pleadings and the testimony, I make the following special
1. Libellant is Clifford C. Bentley, an American merchant
2. Respondents are Albatross Steamship Company, Inc., a New
York corporation which operated and controlled the S.S. Christian
Bergh, and the S.S. Christian Bergh, a Liberty ship which at the
time this suit was instituted was within the jurisdiction of this
3. Libellant is an able bodied seaman who was employed aboard
The Christian Bergh.
4. About 5 or 6 P.M. on November 25, 1948, while this vessel
was in the port of Pireaus, Greece, libellant went ashore and
drank heavily of beer and fairly strong cognac.
5. As a result of his drinking, libellant became drunk or
6. Between 8 and 9 P.M. that evening, libellant started back to
the vessel. He waited on the dock for over half an hour for
transportation to the vessel, during which time he became wet and
chilled from sleet and rain.
7. Upon his return to the vessel, libellant went into the
recreation room and sat down in a swivel chair about twelve
inches from a steam radiator.
9. No covers or guards are placed about this or any other
radiator aboard this vessel, although on some Liberty ships metal
covers or guards do surround the radiators.
10. The temperature of the recreation room was normal or the
same as always.
11. Fifteen or twenty minutes after he sat down, and because of
his intoxicated condition, libellant "passed out" or became
unconscious, slumped onto the ...