United States Supreme Court Cases & Opinions

U.S. Supreme Court

Calmar Steamship Corp. v. Taylor, 303 U.S. 525 (1938)

Calmar Steamship Corp. v. Taylor

No. 594

Argued March 9, 1938

Decided March 28, 1938

303 U.S. 525

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. 303 U. S. 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. 303 U. S. 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. 303 U. S. 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. 303 U. S. 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.

Page 303 U. S. 526