Sentilles v. Inter-Caribbean Shipping Corp.
Sentilles v. Inter-Caribbean Shipping Corp.
Opinion of the Court
delivered the opinion of the ■ Court.
The petitioner brought this suit against the respondent to recover damages sustained by him allegedly as a consequence of a shipboard accident while serving as a crew-member on the respondent’s vessel in the Caribbean. As the vessel encountered a heavy sea, petitioner was pitched
There was evidence that petitioner (whose medical history was an active one) had been examined several times by his regular physician in the year preceding the accident, as recently as two months before it, with no appearance of tuberculosis being then noted. During the petitioner’s acute tuberculosis subsequent to the accident, a specialist re-examined X-ray pictures taken in the years preceding the accident, and concluded that
The jury’s power to draw the inference that the aggravation of petitioner’s tubercular, condition, evident so shortly after the' accident, was in fact caused by that accident, was not impaired by the failure of any medical witness to testify that it was in fact the cause. Neither can it be impaired by the lack, of medical unanimity as-to the respective likelihood of the potential causes of the aggravation, or by the fact that other potential causes of the aggravation existed and were not conclusively negated by the proofs. The matter does riot turn on the use of a particular form of words by the physicians in giving their testimony. The members of the jury, not the medical witnesses, were sworn to maké a legal determination of the question of causation.
Reversed.
Maintenance and cure in respect of the illness were also claimed ; this was viewed as. presenting a causation problem similar to that posed by the claim for indemnity damages.
For a discussion of the reluctance of medical opinion to assign traupia as the cause of disease, and of the varying medical and legal
The medical testimony in the case last cited, moved the court to say: “Indeed, if jt-were not for the’ saving ;grace'of what we call common sense, justice would be defeated iri almost, every cáse, where opinion evidence is admitted.” Id., at 249, 131 N. E., at 826.
Dissenting Opinion
dissenting.
“We do not grant a certiorari to review evidence and discuss specific facts.” United States v. Johnston, 268 U. S. 220, 227. Thus Mr. Justice Holmes, speaking for a unanimous Court thirty-five years ago, summarized the
The.oral argument overwhelmingly confirmed what the petition had already made clear, that this is the kind of case which, in the language of my Brother Stewart, does not “belong in this Court.” To entertain the case merely because argument has been had does not lessen the disregard of the Court’s practice, formulated 'in Rule 19. The Court has in scores of cases dismissed the writ of certiorari even after oral argument, when the true basis for a certiorari was lacking. Even in criminal cases
Concurring Opinion
concurring.
Cases like this, I am firmly convinced, do not belong in this Court. To review individualized personal injury cases, in which the sole issue is sufficiency of thé evidence, seems to me not only to disregard the Court’s proper function, but also to deflect the Court’s energies from the mass of important and difficult business properly here. All this has been elaborated in extenso by others, and there is no point in repeating or paraphrasing their words. Suffice it to note that I agree with what they have said. See, e. g., Rogers v. Missouri Pacific R. Co., 352 U. S. 500, 524 (dissenting opinion); Dick v. New York Life Ins. Co., 359 U. S. 437, 447 (dissenting opinion.).
Yet under our rule, when four members of the Court vote to grant a petition for certiorari, the case is taken. If this rule is not to be frustrated, I can, as presently advised, see no escape from the duty of considering a case brought here on the merits, unless considerations appear, which were not apprehended at the time certiorari was granted. In short, on this score I agree with the views expressed by Mr. Justice Harlan in Rogers v. Missouri Pacific R. Co., 352 U. S. 500, 559 (dissenting opinion). See Mr. Chief Justice Stone’s concurring opinion in Bailey v. Central Vermont R. Co., 319 U. S. 350, at 358.
Upon an independent reviéw of the record in this case, I concur in the result.
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