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those under their authority."6 It has been held that the phrase "those under their authority" is limited to seamen and does not include a longshoreman." Before the enactment it was held: "1. That the vessel and her owner are liable, in case a seaman falls sick, or is wounded, in the service of the ship, to the extent of his maintenance and cure, and to his wages, at least so long as the voyage is continued. 2. That the vessel and her owner are, both by English and American law, liable to an indemnity for injuries received by seamen in consequence of the unseaworthiness of the ship, or appurtenant to the ship."8 3. "That all the members of the crew, except perhaps the master, are, as between themselves, fellow servants, and hence seamen cannot recover for injuries sustained through the negligence of another member of the crew beyond the expense of their maintenance and cure.9 4. That the seaman is not allowed to recover an indemnity for the negligence of the master, or any member of the crew, but is entitled to maintenance and cure, whether the injuries were received by negligence or accident." 10 It has been held further: that neither the vessel nor the owner is liable to a seaman for the negligence of the master or other officer in respect to the details of navigation.11

6 Ch. 153, § 20, 38 Lt. at L. 1185, Comp. St. 8337a.

7 The Hoquiam, C. C. A., 253 Fed. 627.

8 Citing Scarf v. Metcalf, 107 N. Y. 211.

9 Criticised in Harv. L. Rev. XVIII, 294. See The Ticeline, 208 Fed. 670.

10 Mr. Justice Brown, in The Osceola, 189 U. S. 158, 175, 23 Sup. Ct. 483, 47 L. ed. 760. See the Charles H. Klinck, 172 Fed. 1019.

11 The C. S. Holmes, 212 Fed. 525. The following verdicts and awards have been sustained, some of them in admiralty. $36,000 to which a verdict for a greater amount was reduced, for a loss of eyesight by a miner 50 years of age who earned $900 a year. Yurkonis v. Dela

ware, L. & W. R. Co., 213 Fed. 537. $15,000 to which a verdict of $19,100 was reduced for breaking the pelvic gurdle dislocation of bones causing anaesthesia and, atrophy in the legs and injury to internal organs caused to a miner of 19. Tomljanovich v. Victor American Fuel Co., 227 Fed. 951. $15,000 for compound comminuted fracture of ankle of left leg. Engler v. Western Union Tel. Co., 69 Fed. 185; aff'd Western Union Tel. Co. v. Engler, C. C. A., 75 Fed. 102. See Mitchell V. Broadway & S. A. R. Co., 70 Hun. (N. Y.) 387, 24 N. Y. Suppl. 32; Galveston, H. & S. A. Ry. Co. v. Porfert, 72 Texas, 344, 10 S. W. 207. $11,000 to a woman 35 years of age who had been practically crippled for life. Chi

cago & S. H. S. S. Co. v. Lynch, C. C. A., 201 Fed. 70. $10,000 for loss of eyes and other injuries. Rillston v. Mather, 44 Fed. 743; aff'd Mather v. Rillston, 156 U. S. 391, 39 L. ed. 464. $10,000 for loss of leg by girl five years of age. Smith v. Pittsburgh & W. Ry. Co., 90 Fed. 783, 788. $10,000 for paralysis of right side. Osborne v. City of Detroit, 32 Fed. 36. See Terney v. Syracuse, B. N. Y. R. R. Co., 85 Hun. (N. Y.) 146; Coxhead v. Johnson, 20 App. Div. (N. Y.) 605; Furman v. Brooklyn Heights R. R. Co., 25 App. Div. (N. Y.) 133; Sawalsky v. Pennsylvania R. R. Co., 39 App. Div. (N. Y.) 661. $8,000 for loss of leg. Shumacher v. St. Louis & S. F. R. Co., 39 Fed. 174. $8,000 for loss by railroad brakeman of one foot and four toes on the other. Wood v. Louisville & N. R. Co., 88 Fed. 44. $7,500 for the loss of a right eye. Korzib v. Netherlands-American Steam Nav. Co., 175 Fed. 998. $7,500 for paralysis. Cleveland, C. C. & St. L. R. Co. v. Brown, C. C. A., 56 Fed. 804, 6 C. C. A. 142. $7,000 to a riveter of 40 earning from $20 to $25 a week who had suffered a fracture, dislocation, and partial paralysis which prevented him from resuming his occupation. The Anglo-Patagonian, 228 Fed. 1014. $6,000 for compound fracture, which resulted in shortening of right leg about three inches and leaving it permanently stiff. The Anchoria, 113 Fed. 982. $6,500 for fracture of ankle and rupture. The Mineola, 44 Fed. 143. $5,500 for paralysis of legs. Taylor v. Pennsylvania Co., 50 Fed. 755. See The Anglo-Patagonian, 228 Fed. 1014. $5,000 for permanent injury and suffering while in the water after a collision.

The Raleigh, 41 Fed. 527. $5,000 for fracture of skull and collar bone, necessitating two operations of trepanning and threatening paralysis. The Para, 56 Fed. 241; aff'd Steel v. McNeil, C. C. A., 60 Fed. 105, 8 C. C. A. 512. $5,000 for destroying the hearing of one ear, impairing muscular sense and rendering shipwright of 48, earning $94 to $96 a month, incapable of doing any but light work. The Pioneer, 78 Fed. 600. $5,000 (to which verdict for $10,000 was reduced) to servant on boarding-car, who had broken leg, dislocated arm and injury to back, shoulder and side. Missouri Pac. R. Co. v. Texas & P. Ry. Co., 41 Fed. 311. $4,800 to a longshoreman of 52 who had suffered a fracture which had shortened an inch and a half and limited the motion of his thigh. See M'Donough v. International Nav. Co., 249 Fed. 248; Latchtimacker v. Jacksonville Towing & Wrecking Co., 181 Fed. 276. $4,500 for torture inflicted as a punishment for insolent language, which arrested the circulation of blood in the hands, caused the skin and flesh to blister and decay, and so affected the cords as to cause the fingers to remain permanently bent. Bolden v. Jensen, 70 Fed. 505. $4,500 for practical paralysis and permanent disability of left arm of dressmaker. Missouri Pac. R. Co. v. Texas & P. Ry. Co., 41 Fed. 316. See The Dredge No. 15, 264 Fed. 135. $4,000 for injury causing amputation of leg below knee. Wm. Johnson & Co. v. Johansen, C. C. A., 86 Fed. 886, 30 C. C. A. 675; certiorari denied 170 U. S. 706, 42 L. ed. 1218, 18 S. Ct. 943. $4,000 for loss of hand. See City of Portsmouth, 125 Fed. 264; The Anglo-Patagonian,

§ 560e. Jurisdiction of admiralty over death claims. By the Act of March 30, 1920, "Whenever the death of a person shall be caused by wrongful act, neglect, or default occurring on the high seas beyond a marine league from the shore of any State, or the District of Columbia, or the Territories or dependencies of the United States, the personal representative of the decedent may maintain a suit for damages in the district courts of the United States, in admiralty, for the exclusive benefit of the decedent's wife, husband, parent, child, or dependent relative against the vessel, person, or corporation which would have been liable if death had not ensued."1 Otherwise it seems that where

228 Fed. 1014; The Santa Barbara, 255 Fed. 231. $3,000 for loss of leg. The Iroquois, 113 Fed. 964. $1,500 for fracture of left hip and arm. The A. Heaton, 43 Fed. 592. See The Granville R. Bacon, C. C. A., 229 Fed. 715; Hartman v. Toyo Kisen Kaisha S. S. Co., 244 Fed. 567.

8 560e. 1 Ch. III, 41 St. at L. 537, Comp. St., § 12512.

§ 2. The recovery in such suit shall be a fair and just compensation or the pecuniary loss sustained by the persons for whose benefit the suit is brought and shall be apportioned among them by the hurt in proportion to the loss they may severally have suffered by reason of the death of the person by whose representative the suit is brought. Comp. St., § 12512a.

"§ 3. Suit shall be begun within two years from the date of such wrongful act, neglect, or default, unless during that period there has not been a reasonable opportunity for securing jurisdiction of the vessel, person, or corporation sought to be charged; but after the expiration of such period of two years the right of action hereby given

shall not be deemed to have lapsed until ninety days after a reasonable opportunity to secure jurisdiction has offered." Comp. St., § 1251b.

"§ 4. Whenever a right of action is granted by the law of any foreign country on account of death by wrongful act, neglect, or default occurring upon the high seas, such right may be maintained in an appropriate action in admiralty in the courts of the United States without abatement in respect to the amount for which recovery is authorized, any statute of the United States to the contrary notwithstanding." Comp. St., § 1251c.

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a death results from a maritime tort, the right to recover in admiralty depends upon the statute of the State where the injury occurred. Where the State statute gave a lien upon the vessel for such an injury it was enforced in admiralty under a libel in rem.2 Where the State statute authorizes an action against the individual responsible; but creates no lien : admiralty will entertain a libel in personam for such relief; even when the death occurs on shore as the result of a maritime tort.

Lakes or to any waters within the territorial limits of any State, or to any navigable waters in the Panama Canal Zone." Comp. St., § 1251%1⁄2f.

§ 8. This act shall not affect pending suits, actions or proceedings." Comp. St., § 12511⁄2g.

As to the previous law see The Hamilton, 207 U. S. 398, 52 L. ed. 264; La Bourgogne, 210 U. S. 95, 52 L. ed. 973, where the vessel belonged to France. The Harrisburg, 119 U. S. 199, 7 S. Ct. 140, 30 L. ed. 358; The Alaska, 130 U. S. 201, 9 S. Ct. 461, 32 L. ed. 923; The Corsair, 145 U. S. 335, 36 L. ed. 727 (Louisiana); The Albert Dumois, 177 U. S. 240, 20 Sup. Ct. 595, 44 L. ed. 751 (Louisiana); The Nora, 181 Fed. 845 (Florida). Monongahela River Consol. Coal & Coke Co. v. Schinnerer, C. C. A., 196 Fed. 375; The Starr, W. D. Washington, S. D., 209 Fed. 882; Rainey v. New York & P. S. S. Co., C. C. A., 216 Fed. 449; The Transfer No. 12, 221 Fed. 409; Bjolstad v. Pacific Coast S. S. Co., N. D. California, First Div., 244 Fed. 634; The Sagamore, C. C. A., 247 Fed. 743; Western Fuel Co. v. Garcia, C. C. A., 255 Fed. 817.

2 Aurora Shipping Co. v. Boyce, C. C. A., 191 Fed. 960; The Alaska, 225 Fed. 645.

3

3 Gretschmann v. Fix, 189 Fed. 716; The Chiswick, C. C. A., 231 Fed. 452. See The Hamilton, 207 U. S. 398, 52 L. ed. 264.

4 The Church, C. C. A., 231 Fed. 452. The following verdicts and awards have been approved at common law and in admiralty respectively: $12,000, railroad engineer, 45 years of age, earning from $125 to $175 a month, leaving widow of 38, but no children. Vreeland v. Michigan Cent. R. Co., 189 Fed. 495. $12,000, division manager of insurance company, 34 years of age, salary $2,000 a year, unmarried, leaving widowed mother, to whose support he contributed and also brothers, sisters, nephews and nieces. Stockton v. Pennsylvania R. Co., 182 Fed. 282. $10,000 said to be enough (a verdict of $17,000 being set aside), architect's clerk, 30 years of age, whose services were worth from $4,000 to $7,000 a year, unmarried, living with both parents and working for his father, who paid nothing for his services except about $500 a year for his personal expenses, he having agreed with his father to allow that arrangement to continue until the father had paid off his own debts. Scofield v. Pennsylvania Co., 149 Fed. 601. $10,000 held not inadequate in admiralty, dairy farmer, 32 years of

§ 560f. Effect of State Workmen's Compensation laws upon admiralty. The Act of October 6, 1917, amends the saving clauses of the sections of the Judicial Code granting admiralty

age, earning from $1,500 to $2,100 a year, leaving widow and two children. The Oceanic, 61 Fed. 338; aff'd Occidental & O. S. S. Co. v. Smith, C. C. A., 74 Fed. 261, 20 C. C. A. 419. $9,000, member of switching crew on railroad, 29 years of age, earning from $75 to $78 a month, leaving widow. Voelker v. Chicago, M. & St. P. Ry. Co., 116 Fed. 867. $7,500, locomotive engineer, 25 years of age, earning from $100 to $130 a month, unmarried, leaving mother, whom he supported. Baker v. Phila. & R. Ry. Co., 149 Fed. 882; aff'd Phila. & R. R. Co. v. Baker, C. C. A., 155 Fed. 407, 84 C. C. A. 86. $7,500, negro master and owner of launch, 45 years old, married, father of a large family in good health, earning $3 a day whose honesty and character were unusually good. The Barge No. 4, 248 Fed. 823. $7,000, shipmaster, 35 years of age, wages $100 a month, leaving widow and two children. Re Humboldt Lumber Manuf'rs Ass'n, 60 Fed. 428; aff'd Humboldt Lumber Manuf'rs' Ass'n v. Christopherson, C. C. A., 73 Fed. 239, 19 C. C. A. 481, 46 L.R.A. 264. It has been held that an award of $7,000 is not excessive for the death of the captain of a launch earning about $900 a year, who left a wife and five children and who was 37 years of age; nor for the death of the engineer, 25 years of age, earning about $900 a year, who left a wife and one child. The Prudence, 191 Fed. 993. $7,000, laborer, 30 years of age, earning about $400 a year, leaving widow and children.

Harkins v. Pullman Palace Car Co., 52 Fed. 724. $6,000 (to which verdict of $17,545 was reduced), man 29 years of age suffering from lung trouble, had spent several thousand dollars of his wife's estate and left only $250 for his widow and five children, before marriage taught school, and after marriage hauled and stacked lumber in a sawmill, worked on a farm, and was brakeman on a railroad when he died. Duke v. St. Louis & S. F. R. Co., 172 Fed. 684. $6,000 (to which verdiet of $10,000 was reduced), stonemason, 47 years of age, earning $6 to $6.50 a day, had bad habits, sobriety doubtful, but gave most of his earnings to his family, left widow and children. Felt v. Puget Sound El. Ry., 175 Fed. 477. See The O'Brien Brothers, 253 Fed. 855. $5,000, cook on schooner, 39 years of age, earning $50 a month, leaving widow and three children. Re Humboldt Lumber Manuf'rs' Ass'n, 60 Fed. 428; aff'd Humboldt Lumber Manuf'rs' Ass'n v. Christopherson, C. C. A., 73 Fed. 239, 19 C. C. A. 481, 46 L.R.A. 264. $5,000, in admiralty, passenger 52 years of age, no evidence of his average earnings, left widow and seven children. Hall v. North Pacific Coast R. Co., 134 Fed. 309. See The O'Brien Brothers, 253 Fed. 855. $5,000 for the death of a boy of nineteen who had attended the normal, had almost finished the high school, and had been invited to teach at a salary from $85 to $90 a month; who had been educated under an agreement with his parents that he would

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