The Drumelton
District Court, S.D. New York
In Admiralty. On final hearing. Libelant was a seaman on the Drumelton, bound from New York to South Africa. On the voyage a wooden donkey engine cover weighing over 200 pounds fell from the forward deckhouse to the spar deck, breaking Lincoln’s leg. He was cared for as well as the conveniences on the ship permitted, and his leg set by one of the officers.
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In Admiralty. On final hearing. Libelant was a seaman on the Drumelton, bound from New York to South Africa. On the voyage a wooden donkey engine cover weighing over 200 pounds fell from the forward deckhouse to the spar deck, breaking Lincoln’s leg. He was cared for as well as the conveniences on the ship permitted, and his leg set by one of the officers. At the time of trial libelant was in good health for a man of 67, but his leg was crooked; the broken pieces of bone having partially slipped past each other, owing probably to unskillful setting. Between two and three weeks after the…
1Opinion of the Court
HOUGH, District Judge.
The damage claim for failure to put into the Cape Verde Islands is very clearly an afterthought. Indeed, so far as the testimony shows, libelant has never thought of it down to the trial. He was humanely treated, and given the best care that the ship could afford. There was nothing in the nature of a leg fracture, supposed to be of one of the small bones only, to leave the master “no alternative, as a reasonable and prudent man exercising a sound judgment and acting for the best interests of all concerned, but to depart from the usual course of his voyage.” There is no…
2Cases cited2 opinions
- The OsceolaSupreme Court of the United States · 1903
- The CuzcoCourt of Appeals for the Second Circuit · 1907
3Cited by6 opinions
- Christopher v. GruebyCourt of Appeals for the First Circuit · 1930
- Nolan v. General Seafoods CorporationCourt of Appeals for the First Circuit · 1940
- Edward S. Mesle v. Kea Steamship Corporation, (Haenn Ship Ceiling & Refitting Corporation)Court of Appeals for the Third Circuit · 1958
- Crosby Transp. Co. v. SautterCourt of Appeals for the Seventh Circuit · 1912
- The Van Der DuynCourt of Appeals for the Second Circuit · 1919
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