Vaughan v. Atkinson

Mr. Justice Stewart, whom Mr. Justice Harlan joins,

dissenting.

I agree with the Court that whether earnings received by a disabled seaman prior to his maximum medical recovery are to be credited against the shipowner’s obligation for maintenance is an issue which should not be resolved by a mechanical application of the rules of contract law relating to mitigation of damages. But I cannot agree that in this case the petitioner’s earnings should not have been set off against the maintenance owed to him. Nor can I agree with the Court’s conclusion that the petitioner is entitled as a matter of…