The Osceola - 189 U.S. 158, 23 S. Ct. 483 (1903)

Rule:

All the members of a ship's crew, except perhaps the master, are, as between themselves, fellow servants, and hence seamen cannot recover for injuries sustained through the negligence of another member of the crew beyond the expense of their maintenance and cure. The seaman is not allowed to recover an indemnity for the negligence of the master, or any member of the crew, but is entitled to maintenance and cure, whether the injuries were received by negligence or accident.

Facts:

The crewman was injured when the wind blew a gangway into him after the ship's master negligently ordered the crew to deploy the gangway while the ship was moving into a headwind. The crewman brought a successful libel in rem action against the ship to recover damages for his injuries. On the owners' appeal, the circuit court certified questions concerning whether the vessel was liable for the injury and whether the ship or the owners were liable to the crewman for the master's negligent directions to the crew.

Issue:

1. Was the vessel liable for the crewman’s injury? 
2. Were the ship or the owners liable to the crewman for the master’s negligent directions to the crew?

Answer:

1) No. 2) No.

Conclusion:

The court answered both questions in the negative and held that the crewman was not allowed to recover for the negligence of the master, or any member of the crew, but was entitled to maintenance and cure regardless of whether the injuries resulted from negligence or accident. In its ruling, the court rejected the crewman's argument that Wis. Rev. Stat. § 3348 (1898) imposed a lien on the ship, despite the fact that the accident occurred in Wisconsin waters on Lake Michigan. The damage was not done by the ship, but by the wind-blown gangway, which was an ordinary appliance of the ship. Onboard damages were not within the statute's coverage of damages done by a ship.