Fletero v. Arias‪.‬

This is an appeal in a suit in admiralty filed by an Argentine seaman, Hugo Arias, against the Argentine vessel Fletero and its owner the Argentine Corporation Compania Argentina de Navegacion Dodero, to recover damages on account of personal injuries sustained by Arias while the vessel was tied up at the dock at the port of Norfolk, Va., together with a balance due on wages. The original libel asked recovery against the vessel and owner on the ground that libelants injuries were caused by the unseaworthiness of the vessel. An amendment to the libel alleged negligence on the part of the owner and asked recovery under the Jones Act, 46 U.S.C.A. § 688. A second amended libel alleged failure to pay libellant a balance on wages due him at the time of his discharge from the vessel at Norfolk and asked recovery of this balance with "waiting time" under the statute. Prior to the hearing, the vessel tendered to libellant in open court the sum of $1,304.71 in payment of the wage and overtime claim. The District Judge held that respondents were liable for libellants injuries "both because of the unseaworthiness of the vessel and for the negligence of the respondents winch operator", invoking for the latter ground the provisions of the Jones Act. He awarded libellant the sum of $20,000 on account of his injuries and gave a decree for this amount plus the $1,304.71 tendered on the wage claim.