Page:Federal Reporter, 1st Series, Volume 4.djvu/669

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

PETERSON ». THB CHANDOS. 655 �ice in the ports of the United States does npt supersede the marine law on this Bubject^ but is only auxiliary to it; and, notwithstanding this, the seaman is entitled "to be cured, at ' the expense of the ship, of the sickness or injury sustained in the ship's service. * » * The expenses incurred in the cure, whether they are of a medical or otber nature, for diet, lodging, nursing, or other assistance, are a charge on and to be borne by the ship ; * * * and when the cure is com- pleted, at least so far as the ordinary medical means extend, the owners are freed from any further liability." �When the Chandos arrived at Baker's bay, according to the testimony of the experts, there was still a chance that the leg might be reset so as not to be more than one and a half inches short. At least, the libellant was still on his back from the effects of the injury, with a leg which was manifestly three inches short. Under the circumstances it waB the bounden duty of the master to bave procured surgical aid and advice at once, and see if anything could be done tp give the unfqrtunate man the use of his limb. This aid could have been obtained from Fort Canby, which was almost within bail, or Astoria, only a few miles distant, oi by sending the libellant to Portland. �But the master left the vessel at once, and after reporting the case to the coUeotor at Astoria, who it seems advised that the libellant be kept on board until the vessel reached Port- land, washed his hands of the matter and proceeded to the latter place on business, without even making arrangements for a surgeon to visit the libellant on board the vessel. Upon his return to the vessel on August 14th, four days afterwards, he informed the libellant what the cpllector said, and added that the libellant was now in the hands of the collecter, and that he, the master, had nothing to say, but advised him to remain where he was, as it would cost him $40 to go to Port- land, besides the risk of moving frpm boat to boat. �When the vessel came to Astoria, on August 20th, the mas- ter, instead of calling a surgeon then to see the libellant, at the expense of the vessel, wrangled with the collector about ����