The Margharita

Citations

• 140 F. 820
• 72 C.C.A. 232
• 1905 U.S. App. LEXIS 3961

Syllabus

<p>Seamen — Injury in Service — Care and Treatment by Vessel.</p> <p>Libelant, a seaman on a barkentine bound, with cargo from a Chilian port to Savannah, Ga., when off the west coast of South America near • Cape Horn, fell into the sea and his leg was bitten off by a shark. He was rescued and given such treatment and care on board as was possible, and the vessel proceeded on her voyage, reaching Savannah in a little less than three months, where libelant was sent to a hospital. It was found that the leg had healed; but an amputation was necessary on account of the condition of the bones, and it was successfully performed. The nearest known port to the place of the accident at which surgical treatment could have been obtained was Port Stanley, Falkland Islands, to reach which would have required at least 23 days, because of the distance, the season, which was winter, and the prevailing winds. Libelant’s wound was kept dressed; the vessel having a medicine chest. Hemorrhage and fever subsided in about four days, and he continued thereafter to improve. Held, that under the circumstances the master was not chargeable with negligence which would render the vessel liable in not sailing for Port Stanley or putting into an intermediate port.</p> <p>[Ed. Note. — For cases in point, see vol. 43, Cent. Dig. Seamen, §' 39.]</p>