The Osceola

Citations

• 189 U.S. 158
• 23 S. Ct. 483
• 47 L. Ed. 760
• 1903 U.S. LEXIS 1340
• 2000 A.M.C. 1207

Syllabus

<p>1. The law both in England and America is settled as .to the following propositions:</p> <p>(1) That a vessel and her owners are liable, in case a seaman falls sick or is wounded in the service of the ship, to the extent of his maintenance and cure, and to his wages, at least so long as the voyage is continued.</p> <p>(2) That the vessel and her owners are, both by English and American law, liable to an indemnity for injuries received by seamen in consequence of the unseaworthiness of the ship, or a failure to supply and keep in order the proper appliances appurtenant to such ship.</p> <p>(3) That all the members of the crew, except perhaps the master, are, as between themselves, fellow servants, and hence seamen cannot recover for injuries sustained through the negligence of another member of the crew beyond the expense of their maintenance and cure.</p> <p>(4.) That the seaman is not allowed to recover an indemnity for the negligence of the master, or any member of the crew, but is entitled to maintenance and cure, whether the injuries were received from negligence or accident.</p> <p>2. Section 3348, Eev. Stat. of 1898 of Wisconsin, providing that every ship, boat or vessel used in navigating the waters of that State shall be liable for all damages arising from injuries done to persons or property thereby, and that the claim therefor shall constitute a lien upon such ship, boat or vessel, is confined to cases where the damage is done by those in charge of a ship, with the ship as the “offending thing.” Cases of damages done on board the ship are not, within the meaning of the act, damages done by the ship. Such statute does not create a lien which can be enforced in rem for injuries received by a seaman by the falling of a gangway, resulting as alleged from the master negligently ordering the same to be hoisted while a head wind was blowing.</p>