not at least disrn.ted in the log from the wages of an able seaman, for his palpable fraud and incapacity. In view of all the circumstances, I must sustain the libelant's version of the case, and hold that it was the duty of the master when fully notified of this injury, as he was, to afford the libelant such reasonable treatment for the resetting of the limb as circumstances afforded. There was abundant opportunity for this, both at Flushing and at the Downs. The obligation of the master in this respect was an obligation wholly independent of their relation as fellow-servants in navigating the ship. It was the ordinary maritime obligation to provide for the seaman's cure of hurts while in the service of the ship. PM Oity of Alexandria, 17 Fed. RElP. 390,395, and cases there cited; The Chand08, 4 Fed. Rep. 645; The C#y of Carlisle, 39 Fed. Rep. 807,816; Scarifv. Metcalf, 107 N. Y. 211, :216, 13 N. E. Rep. 796; The V'l.gilant, 30 Fed. Rep. 288. The neglect of this duty was negligence for which the ship is liable. In consequence of the neglect and the delay in proper treatment, the libelant has not only suffered great pain, and will be unable to do much of any work for at least six or eight months; but his arm will never recover its full strength, nor be able to be raised above a horizontal line from the shoulder. Notwithstanding the roughness of the master at first, and his great mistake in the treatment of the libelant in respect to his arm, the case affords such other evidence of the master's inherent kindness and consideration for the defendant, as respects other misfortunes of the libelant during the voyage, that no punitive damages should be given, but only such as may fairly compensate the libelant for his actual loss through the delay in proper treatment. I allow him $1,250, and costs.
(Circuit Oourt, E. D. New Yor1c. July 1,1890.)
In Admiralty. On appeal from district court. 367. Oarpenter &- Mosher,' for libelant Orison. Owen & Gray, for the Syracuse.
See 85 Fed. Rep.
BLATCHFORD, Justice. In this case let a decree be entered for the libelant for 8910.22, with interel:lt from April 10, 1889, and for his costs in this court to be taxed.
J'EDERAL ltEPORTER I
OLDCOWNY STEAM-BoAT CO. v. THE J. C.
(Oircuit Court, E. D. NffW York.
July 1, 1890.)
In On appeal from district court. See :37 Fed. Rep. 897. Robert D. Benedict, for the Cornell Steam-Boat Company. Shipman, Barlaw, Larocque &: Choate, for the City of Brocton.
BL,\TCHFORD, ,Justice. I concur in the views of the district judge, fully expressed in nis opinion in these cases. The new proofs taken in this court do not vary the case favorably to the City of Brockton. DecreelS :wUl be entered in accordance with my findings.
'El'fl) 01" VOL. ·