Lecoureier v. The American Bark Hawaiian Isles

Citations

• 3 D. Haw. 101

Syllabus

<p>Admiralty — Injuries received tlvrough animus or negligence of fellow servants: Injuries received by sailor in the navigation of the ship, due to hostility or negligence of mate, no ground for damages against the ship, the mate being fellow servant to libelant.</p> <p>Same — Liability of vessel for cure and maintenance of sailor injured in its service: Upon arrival in port, a seaman injured in the ship’s service procured medical treatment. Held, the ship to be liable therefor and for maintenance of seaman while recovering, it being the master’s duty to take the initiative in such matters.</p> <p>Same: Failure of injured seaman to take advantage of free treatment in U. S. Marine Hospital does not discharge ship from expenses of medical attendance and maintenance while being cured, obtained elsewhere, as the certificate of the master is a prerequisite for admission into the U. S. Marine Hospital and it was his duty to have attended to it.</p>