Farrell v. United States, 336 U.S. 511 (1949)

Farrell v. United States


No. 267


Argued January 14, 1949
Decided April 4, 1949
336 U.S. 511

CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT

Syllabus

1. A seaman serving on a merchant vessel, owned and operated by the United States in wartime and docked at a conquered port in the war area, was injured while returning to the ship after overstaying shore leave. He was treated in government hospitals until discharged as completely disabled. There was no possibility of further cure, although medical attention might be required from time to time to relieve recurring conditions.

Held: the liability for maintenance and cure does not extend beyond the time when the maximum cure possible has been effected, and petitioner is not entitled to maintenance so long as he is disabled or for life. Pp. 512-519.

2. The ship’s articles which petitioner signed provided for a foreign voyage from the United States and return and for a term "not exceeding" twelve months.

Held: he was entitled to wages only until the completion of the voyage, and not for twelve months from the date of signing. Pp. 519-521.

167 F.2d 71 affirmed.

In a suit in admiralty by petitioner against the United States and others, the District Court awarded petitioner less than the amounts he had claimed for maintenance and cure and for wages. The Court of Appeals affirmed. 167 F.2d 781. This Court granted certiorari. 335 U.S. 869. Affirmed, p. 521.