Page:Federal Reporter, 1st Series, Volume 10.djvu/409

 THE CENTENNUIi. 397 �The Cbntennial* �[Circuit Court, E. D. Lorfisiana. iune, 1881.) < �L Injueed Seaman— Wages of, etc. �In case of injury by fault or neglect of offlcerg, the seaman is entitled to full wages until restored, and reimbursement for keep and medical attendance. But when he is sent to hospital, without expense to himself, no allowance can be made for keep and medical attendance. 2. 8> ME— Passage Homb. �In such a case, where the seaman is sent to a hospital in a port otTier thttii that at which he was shipped, he is entitled to his passage home, or the cost tliereof. �In Admiralty. �B. King Cutler, for libellant, �B. Egan, for claimants. �Pardee, g. J. "In case of injury by fault or neglect of officera, the seaman is entitled to full wages until restored, and for keep and medical attendance." Desty, Shipp. & Adm. and cases there cited, § 155. �A careful examination of the evidence filed in the record satisfies me that the libellant came to his injury — a broken leg — while in the performance of his duty, through no fault of his own, but solely from a faulty and dangerous gangway over which libellant and his comrades were ordered to carry coal. The injury was received in the night, at a coaling place, and the evidence is doubtful as to whether proper lights were furnished. It was the duty of the officers of the boat to have provided a safe and proper gangway and suitable lights. Short planks, so placed as to tip ana slip, do not make a safe gangway for men to pass over carrying heavy articles of freight or fuel. �Libellant's wages were $25 per month. The district court allowed six months for restoration, which is short enough for full recovery of a broken leg. As libellant was sent to hospital without expense to himself, no allowance can be made for keep and medical attendance. As libellant shipped at St. Louis and was left here disabled, he is entitled to passage home, amounting to $12.50, as fixed by the dis- trict court. Libellant now asks for an increase of wages on the ground that the recovery has not taken place in the six months allowed, but �*Reporied by Joseph P. Homor, Esq., of the New Orleans bar. ��� �