Pillsbury v. Pacific Steamship Co.

SAWTELLE, Circuit Judge.

This ease is affirmed, with modification as hereinafter noted, on authority of Marshall and Winkler v. Mahony Co. et al. (C. C. A.) 56 F.(2d) 74, decided this day, and for the additional reason that the facts in the instant suit disclose that there was no employee of the same “class” who had worked “substantially the whole” year, etc., whose earnings could be used as a standard for computing appellant’s compensation under 33 USCA § 910 (b). Accordingly, computation under subsection (b) was clearly “unfair” and “unreasonable,” if not mathematically impossible.

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