This section contains the nature of the case and procedural background.

P seeks maintenance and cure from the United States (D), as the owner of S. S. Anna Howard Shaw. P was a messman who went ashore on leave while the vessel was at Naples in 1944. He and two other members of the crew first did some sightseeing. Then the three of them drank one bottle of wine and went to a dance hall, where they stayed an hour and a half, dancing. There was a room adjoining the dance hall that overlooked the ocean. French doors opened onto an unprotected ledge which extended out from the building a few feet. P stepped to within 6 inches of the edge and leaned over to take a look. As he did so, he took hold of an iron rod which seemed to be attached to the building. The rod came off and P lost his balance and fell, breaking a leg. The court awarded maintenance and the appeals court reversed. The Supreme Court granted certiorari.

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