Joseph F. Gardner v. Sinclair Refining Co., Appellant, 227 F.2d 958 (3d Cir. 1955)

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US Court of Appeals for the Third Circuit - 227 F.2d 958 (3d Cir. 1955) Argued December 6, 1955
Decided December 23, 1955

Appeal from the United States District Court for the Eastern District of Pennsylvania; Thomas J. Clary, Judge.

Joseph J. Murphy, Philadelphia, Pa., (Mark D. Alspach, John A. Friedrich, Krusen, Evans & Shaw, Philadelphia, Pa., on the brief), for appellant.

Milton M. Borowsky, Philadelphia, Pa., (Abraham E. Freedman, Freedman, Landy & Lorry, Philadelphia, Pa., on the brief), for appellee.

Before McLAUGHLIN, KALODNER and HASTIE, Circuit Judges.


In this maintenance and cure case appellant objects to a part of the award on the ground that the particular time it covers was a period during which the seaman refused to avail himself of hospital care and treatment. The trial court who saw and heard the seaman found that his failure to seek medical assistance on the specified occasion was not wilful and that his actions were not of such nature as to warrant a forfeiture of his right to maintenance and cure. The record bears out the correctness of this conclusion.

The judgment of district court will be affirmed. D.C., 129 F. Supp. 225.