United States Supreme Court Cases & Opinions

U.S. Supreme Court

Pacific Mail Steamship Co. v. Lucas, 258 U.S. 266 (1922)

Pacific Mail Steamship Company v. Lucas

No. 160

Submitted March 10, 1922

Decided March 27, 1922

258 U.S. 266

Syllabus

Where a seaman went ashore at a port of call for hospital treatment, and, being asked only to sign for his past wages without mention of a discharge, executed with the master a mutual release under Rev.Stats., § 4552, but was not given a certificate of discharge as required by § 4551, and the purport of the overt acts in the circumstances was not to release his claim for future wages, maintenance, and cure during the remainder of the ship's voyage, held (considering also the power given by c. 153, 38 Stat. 1165, to set aside such releases and "take such action as justice shall require") that the release was not a bar to the assertion of such claim in a libel in admiralty. P. 258 U. S. 267.

264 F.9d 8 affirmed.

Certiorari to a decree of the circuit court of appeals affirming a decree of the district court in admiralty awarding the libelant the amounts he was compelled to pay for subsistence and medical treatment at a port of call where he left the ship for hospital treatment, and the amount of his wages from that time until the ship completed her voyage.

Page 258 U. S. 267