Weidman v. The American Steamship Nebraskan

Citations

• 3 D. Haw. 195

Syllabus

<p>Admiralty — Practice—Foreign seamen on American ship — Suit in forma pauperis: A foreigner articled as a seaman on an American vessel, who has a cause of action against his ship, is entitled to bring suit in forma pauperis under the provisions of the act of Congress of July 20, 1892, (27 Stat. L. 252).</p> <p>Same — Pleading in forma pauperis: An allegation of the libel in such action that libelant is without property and unable to pay or secure costs, together with affidavit of his proctor, appointed by the court, that there is no one interested in such suit able to pay or secure costs except himself, and that he is entitled to nothing from the case except sueh fee as may be awarded him by the corn't, and that he is in the ease under no contingent fee, is sufficient.</p> <p>Same — Jurisdiction in eases for tort: Admiralty courts of the United States have jurisdiction in rem for matters of tort except in suits for assault, which, by admiralty rule 16, may be in personam only.</p> <p>Same — Pleading—Allegation of libelant’s liability for medical treatment made necessary on account of injuries received in the service of the ship: An allegation of the libelant that in consequence of injuries received by Mm in the service of the vessel, he was compelled to seels: medical treatment and thereby to incur financial obligations, is not improper, inasmuch as a ship is obliged to furnish suitable medical aid to a seaman in such a case.</p> <p>Pleading — Allegation of negligence: An allegation that in unloading a ship an iron plate slipped from its fastenings through the negligence of the ships’ servants, and fell on the libelant injuring him, is sufficient to put libellee bn its defense.</p> <p>Same — Allegation of damages: A general allegation of damages, with a statement of the injuries suffered by libelant in consequence of the alleged negligence of the servants of libellee, is sufficient.</p> <p>Same — Liability of common carriers: To bring a case within the act of Cong