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Joseph F. GARDNER v. SINCLAIR REFINING CO., Appellant

United States Court of Appeals for the Third Circuit1955-12-23No. No. 11683
227 F.2d 958

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

PER CURIAM.

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 con-elusion.

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