James J. Sellers v. Dixilyn Corporation

The facts in this non-jury admiralty suit seeking maintenance and cure, damages for failure to pay maintenance and cure, and attorney’s fees are not in dispute. Therefore we have drawn heavily from the facts as recited in the district court opinion. That court held that although the plaintiff was a seaman, he did not show two additional requisite elements of maintenance and cure — (1) that he was on authorized shore leave and (2) he was answerable to the call of duty. Therefore recovery was denied. The absence of either of the two elements, which the district court found lacking, would…