Legal Opinion · Dissent
Brinkman v. Oil Transfer Corp.
Appellate Division of the Supreme Court of the State of New York
Decided December 20, 1948Published
1Dissent
Glennon and Callahan, JJ.
(dissenting). We dissent and vote to reverse the judgment in favor of the plaintiff and for dismissal of the complaint. An injured seaman may recover in an action for maintenance and cure only such expenses as he has actually incurred or for which he has made himself legally liable. On the present record it does not appear that the infant plaintiff has made any expenditures or legally obligated himself for payment of the sums awarded by the trial court for maintenance and cure in this case. (See Calmar S. S. Corp. v. Taylor, 303 U. S. 525; Sonnesen v. Panama Transport…
2Cases cited11 opinions
- Calmar Steamship Corp. v. TaylorSupreme Court of the United States · 1938
- Johnson v. United StatesSupreme Court of the United States · 1948
- The Bouker No. 2Court of Appeals for the Second Circuit · 1917
- United States v. JohnsonCourt of Appeals for the Ninth Circuit · 1947
- Field v. Waterman SS CorporationCourt of Appeals for the Fifth Circuit · 1939
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