Public-domain · open source
OpenJurist

227 F.2d 958

Docket No. 11683.

Gardner v. Sinclair Refining Co.

Third Circuit Court of Appeals

Argued Dec. 6, 1955.

Decided Dec. 23, 1955.

Third Circuit Court of Appeals · decided 1955-12-23

2 counsel of record

Relies on Gardner v. Sinclair Refining Co.

Opinion by (per_curiam) · Decided 1955-12-23

¶1Joseph J. Murphy, Philadelphia, Pa., (Mark D. Alspach, John A. Friedrich, Krusen, Evans & Shaw, Philadelphia, Pa., on the brief), for appellant.

¶2Milton M. Borowsky, Philadelphia, Pa., (Abraham E. Freedman, Freedman,' Landy & Lorry, Philadelphia, Pa., on the brief), for appellee.

¶3Before McLAUGHLIN, KALODNER and HASTIE, Circuit Judges.

¶4PER CURIAM.

¶5In 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 *959seaman 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 con-elusion.

¶6The judgment of district court will be affirmed. D.C., 129 F.Supp. 225.

/227/f2d/958 · .json · Public domain