Calmar Steamship Corp. v. Taylor, 303 U.S. 525 (1938)
Contents:
Show Summary
Hide Summary
General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Calmar Steamship Corp. v. Taylor, 303 U.S. 525 (1938)
Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 303 U.S. 501, click here.
Calmar Steamship Corp. v. Taylor No. 594 Argued March 9, 1938 Decided March 28, 1938 303 U.S. 525
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE THIRD CIRCUIT
Syllabus
1. The right of a seaman to maintenance and cure for an illness which befalls him during his service may continue for a period beyond the duration of the voyage, whether he be at home or abroad, and even though the illness be not caused by the employment. P. 529.
2. In the case of a seaman suffering from an incurable disease, which manifested itself during his employment but was not caused by it, the duty of the ship owner to furnish maintenance and cure does not extend beyond a fair time after the voyage in which to effect such improvement in the seaman’s condition as reasonably may be expected to result from nursing, care, and medical treatment. P. 530.
3. In a suit brought by a seaman suffering from an incurable disease, which manifested itself during his employment though not caused thereby, an award of a lump sum in anticipation of a continuing need of maintenance and cure for life (based on his life expectancy) cannot be sustained. P. 530.
4. The seaman’s recovery in each such case must be measured by the reasonable cost of that maintenance and cure to which he is entitled at the time of the trial, including, in the discretion of the court, such amounts as may be needful in the immediate future for the maintenance and cure of a kind and for a period which can be definitely ascertained. P. 531.
92 F.2d 84 reversed.
Certiorari, 302 U.S. 681, to review a decree affirming an award against the steamship company in a suit in admiralty for maintenance and cure.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Calmar Steamship Corp. v. Taylor, 303 U.S. 525 (1938) in 303 U.S. 525 303 U.S. 526. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=QP9API9UG3TUDFV.
MLA: U.S. Supreme Court. "Syllabus." Calmar Steamship Corp. v. Taylor, 303 U.S. 525 (1938), in 303 U.S. 525, page 303 U.S. 526. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=QP9API9UG3TUDFV.
Harvard: U.S. Supreme Court, 'Syllabus' in Calmar Steamship Corp. v. Taylor, 303 U.S. 525 (1938). cited in 1938, 303 U.S. 525, pp.303 U.S. 526. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=QP9API9UG3TUDFV.
|