Legal Opinion

Stendze v. Boat Neptune, Inc.

District Court, D. Massachusetts

Decided November 18, 1955No. Civ. A. 54-355PublishedCited by 5 opinions

1Opinion of the Court

ALDRICH, District Judge.

The question for decision is the amount of maintenance and cure a fisherman should be awarded when he has already received a jury verdict which included his lost earnings for the same period. 1

At the trial it was stipulated that the plaintiff was incapacitated from June 10 to August 10, following an injury received on board ship, and that during this period the vessel on which he had a site made five trips, on which he would have earned $1,057. The defend ant contends, quite properly in my opinion, that now to give him full maintenance for this same period would result…

2Cases cited5 opinions

  1. Pope & Talbot, Inc. v. HawnSupreme Court of the United States · 1953
  2. Pacific Steamship Co. v. PetersonSupreme Court of the United States · 1928
  3. Bentley v. Albatross S.S. Co. The Christian BerghCourt of Appeals for the Third Circuit · 1953
  4. Gomes v. Eastern Gas and Fuel AssociatesDistrict Court, D. Massachusetts · 1954
  5. Gomes v. Eastern Gas & Fuel AssociatesDistrict Court, D. Massachusetts · 1955

3Cited by5 opinions

  1. Fitzgerald v. United States Lines Co.Supreme Court of the United States · 1963
  2. Aston Bartholomew v. Universe Tankships, Inc.Court of Appeals for the Second Circuit · 1960
  3. Jenkins v. RoderickDistrict Court, D. Massachusetts · 1957
  4. Claudio v. Sinclair Refining Co.District Court, E.D. New York · 1958
  5. Fitzgerald v. United States Lines Co.Supreme Court of the United States · 1963

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