The Cuzco
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Eastern District of New York. This cause comes here upon appeal from a decree of the District Court, Eastern District of New York, in favor of libelant.
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Appeal from the District Court of the United States for the Eastern District of New York. This cause comes here upon appeal from a decree of the District Court, Eastern District of New York, in favor of libelant. The suit was brought by the cook of the steamship Cuzco to recover damages for injuries sustained by a fall through a coal bunker hatch while the vessel was in the Straits of Magellan on August 24, .1903. The district judge found the vessel free from fault, so far as the accident itself was concerned, hut held that it was the duty of the master to have retraced his course 70 miles to…
1Opinion of the Court
EACOMBE, Circuit Judge.
We recently had occasion to consider the subject of a shipmaster’s duty when a member of his crew is injured while the vessel is at sea or remote from medical aid. Greco v. The Sarnia, 147 Fed. 106, 77 C. C. A. 332. That case, however, *178differs from the one at bar because medical advice was procurable as quickly by going forward as by deviating.
The situation of the vessel’ at the time libelant sustained his -injury was as follows: She was bound from New York to Valparaiso, Callas, and other west coast South American ports, through the .Straits of Magellan. Her first stop…
2Cases cited14 opinions
- The IroquoisSupreme Court of the United States · 1904
- Peterson v. The ChandosDistrict Court, D. Oregon · 1880
- Whitney v. OlsenCourt of Appeals for the Ninth Circuit · 1901
- The TroopDistrict Court, D. Washington · 1902
- Kenney v. LouieCourt of Appeals for the Ninth Circuit · 1904
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3Cited by3 opinions
- The Peninsular & Oriental Steam Navigation Company v. Overseas Oil Carriers, Inc.Court of Appeals for the Second Circuit · 1977
- The Van Der DuynCourt of Appeals for the Second Circuit · 1919
- The DrumeltonDistrict Court, S.D. New York · 1907