Page:Federal Reporter, 1st Series, Volume 4.djvu/685

 LONQSTBEEX' V. STEAM-BOAT B. B. SFBINaKB. 671 �LONGSTBEET V. StBAM-BoAT R. E. SpBINGEB.* �{District Court, 8. D. Ohio. December 2, 1880.) �1. 8BAMEN — Implibd Cokteact pob Tbip. — In the absence of an express �agreement, the law will imply thatthe employment of a seaman upon a steam-boat is for the trip 'which she is then engaged in. �2. RiGHTB OF Ikjdkbd Seamen. — A seaman who, without his fault, ia �injured in the service of the boat, is entitled to his full wages for the trip orother period of service which he had then entered upon, and to be cured at the expense of the boat �In Admiralty. Hearing on libel, answer and testimony. �The libel alleged that on December 13, 1879, the master engaged the libellant as fireman on the Springer for the trip from Cincinnati to New Orleans and retarû, at the wages of $35 per month; that he entered upon his duties as such fire- man, and that on December 17, 1879, while in the perform- ance of the same, he was directed by said master to disen- gage a tree that had carîght in one of the wheels of said steam-boat, and while occupied in disengaging said tree, without any fault or negligence on his part, his arm was caught between said tree and wheel, and crushed and bruised so that he was wholly disabled for the remainder of said trip ; that said trip lasted 32 days, for which he claimed full wages ; that he was put to expense for medical attendance and sup- plies and subsistence to the amount of $50; for ail of which he prayed the decree of the court. �The answer denied ail of the above-mentioned allegations except the mere faet of injury, and averred that the same had been caused solely by libellant's negligence. �Bateman d Hwrper, for libellant. �Matthews, Ramsey e Matthews, for claimanta. �Swing, D. J. The evidence, I believe, establishes an em- ployment for a month. But even if the fact was otherwise, and there was no express agreement as to the length of the employment, the law would imply that it was for the trip. l'Vorth V. Steam-boat Lioness No. B, 3 Fed. Rep. 922 ; Jansen �*Keported by Florien Glauque and J. C. Harper, of the Cincinuatl bar. ����