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Vaughan Vs. Atkinson
Cites for this judgment
- US Supreme Court
- May 14, 1962
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U.S. 527 (1962) U.S. Supreme Court Vaughan v. AtkinsonSearch
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U.S. 527 (1962) Vaughan v. AtkinsonSearch
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is not allowed that item in computing the damages payable by the promisor. And the Court of Appeals, following Wilson v. UnitedSearch
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States, 229 F.2d 277, and Perez v. SuwaneeSearch
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admiralty courts are, indeed, authorized to grant equitable relief. See Swift & Co. v. CompaniaSearch
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in equity actions, as where Negroes were required to bring suit against a labor union to prevent discrimination. Rolax v. AtlanticSearch
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Coast Line R. Co., 186 F.2d 473, 481. As we stated in Sprague v. TiconicSearch
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Cortes v. BaltimoreSearch
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until he reaches maximum medical recovery. The policy underlying the duty was summarized in Calmar S.S. Corp. v. TaylorSearch
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reference must be made in defining it, are those enumerated in the classic passage by Mr. Justice Story in Harden v. GordonSearch
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Id. at 303 U. S. 529 . We noted in Aguilar v. StandardSearch
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at 318 U. S. 735 . When there are ambiguities or doubts, they are resolved in favor of the seaman. Warren v. UnitedSearch
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Maintenance and cure differs from rights normally classified as contractual. As Mr. Justice Cardozo said in Cortes v. BaltimoreSearch
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In Johnson v. UnitedSearch
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has obtained and with admiralty's tender regard for seamen. We think the view of the Third Circuit ( see Yates v. DannSearch
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Brief any citation in this list with AI Studio
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F.2d 64, 67) is preferable to that of Page 369 U. S. 534 the Second Circuit as expressed in Wilson v. UnitedSearch
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States and Perez v. SuwaneeSearch
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Harden v. GordonSearch
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first recognized in our law in Harden v. GordonSearch
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Fed.Cas. 480, No. 6,047, and Reed v. CanfieldSearch
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seaman put ashore, perhaps in a foreign port, without means of support, or hope of obtaining medical care. See Harden v. GordonSearch
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national interest in maintaining the morale and physical effectiveness of the merchant marine. Calmar S.S. Corp. v. TaylorSearch
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Calmar S.S. Corp. v. TaylorSearch
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Farrell v. UnitedSearch
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without expense in a marine hospital is not entitled to maintenance and cure for that period. Calmar S.S. Corp. v. TaylorSearch
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to a seaman who convalesces at the home of his parents without incurring expense or liability for his support. Johnson v. UnitedSearch
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simple, uncluttered by fine distinctions which breed litigation, with its attendant delays and expenses. See Farrell v. UnitedSearch
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in the amount of the counsel fees incurred in bringing his action for maintenance and cure. The Court held in Cortes v. BaltimoreSearch
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be measured by the amount of counsel fees, indirect compensation for such expenditures might thus be made. See Day v. WoodworthSearch
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See Stankiewicz v. UnitedSearch
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Williams v. UnitedSearch
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Dodd v. TheSearch
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Nunes v. FarrellSearch
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Ballard v. AlcoaSearch
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payments for cure if marine hospital service is available, and a seaman seeks hospitalization elsewhere. United States v. LoyolaSearch
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United States v. JohnsonSearch
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Marshall v. InternationalSearch
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Zackey v. AmericanSearch
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Benton v. UnitedSearch
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Towing Co., 120 F.Supp. 638. See Kossick v. UnitedSearch
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at a marine hospital, expenses incurred for hospitalization elsewhere may be chargeable to the shipowner. Williams v. UnitedSearch
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been allowed as an offset against maintenance payments in many reported cases, usually without discussion. Rodgers v. UnitedSearch
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Inter Ocean S.S. Co. v. BehrendsenSearch
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Loverich v. WarnerSearch
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Colon v. TrinidadSearch
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Scott v. LykesSearch
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Steinberg v. AmericanSearch
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U.S. Supreme Court Vaughan v. AtkinsonSearch
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Wilson v. UnitedSearch
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and Perez v. SuwaneeSearch
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