Legal Opinion

Jose MacEdo v. F/v Paul & Michelle

Court of Appeals for the First Circuit

Decided February 28, 1989No. 88-1898PublishedCited by 35 opinions

1Opinion of the Court

BAILEY ALDRICH, Senior Circuit Judge.

This is an action for maintenance and cure, unique in its facts. Plaintiff, a Banks fisherman, home between trips, was injured on a pleasure jaunt on a Sunday. The court awarded him maintenance for 38 weeks at the rate of $40 a day, or $10,640, and for cure, $5,320, being 20% of his hospital and doctor’s bills. Three questions are presented: whether plaintiff was entitled to maintenance and cure at all; whether, if so, he was entitled to $40 a day; and, finally, whether he was entitled to reimbursement for hospital and medical expense.

With respect to…

2Cases cited8 opinions

  1. Vaughan v. AtkinsonSupreme Court of the United States · 1962
  2. Aguilar v. Standard Oil Co. of NJSupreme Court of the United States · 1943
  3. Cortes v. Baltimore Insular Line, Inc.Supreme Court of the United States · 1932
  4. Warren v. United StatesSupreme Court of the United States · 1951
  5. Cory Gardiner, William E. Bishop v. Sea-Land Service, Inc., United States Lines, Inc., Etc., DefendantsCourt of Appeals for the Ninth Circuit · 1986

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3Cited by35 opinions

  1. Frederick v. Kirby Tankships, Inc.Court of Appeals for the Eleventh Circuit · 2000
  2. George Barnes v. Andover Company, L.P.Court of Appeals for the Third Circuit · 1990
  3. Dennis J. Baldassaro v. United StatesCourt of Appeals for the Fifth Circuit · 1995
  4. Jordan v. Intercontinental Bulktank Corp.Louisiana Court of Appeal · 1993
  5. Gary Ammar, Plaintiff-Appellant-Cross-Appellee v. United States of America, Defendant-Appellee-Cross-Appellant, Bay Ship Management, Inc.Court of Appeals for the Second Circuit · 2003

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