Page:Federal Reporter, 1st Series, Volume 4.djvu/670

656 ' FEDEBAIi BEFOBTEB. �employing one nntil the latter sent a physician on board, who BÎmply advised that as the vessel was going directly to Port- land, where there was a marine hospital, that the examina- tion of his case be deferred until he reached there. In ail this conduct of the master there appears to have been a manifest neglect of duty, and purpose to shirk the expanse of giving the libellant the attention he was entitled to. The libellant was not in the hands of the coUector, unless he had actually been delivered into his charge as the agent of the marine hospital service, of whioh there is no pretence ; nôr was the expense of transporting the libellant to the hospital at Portland, in advance of the vessel, a proper charge against him under any oircumstances, but it should have been paid by the vessel, unless the transportation was fumished by the hospital service. �In this matter I fear the master was actuated by a desire to save expense to the vessel, of which it appears from the answer he is a part owner. In a spirit of petty parsimony he appears to have denied the libellant a chance to have his fractured leg reset and made comparatively useful, rather than incur the trifling expense of sending him from Baker's bay to the hospital at Portland. For this dereliction of duty the master and the vessel are responsible to the libellant in dapiages. The amount of these, of course, must be limited by the uncertainty as to whether an immediate removal to the hospital would have been of any substantial benefit to the libellant. �In Brown v. Overton, supra, which is, in many of its cir- cumstances, a similar case to this, the master neglected to send the libellant, who had fallen from alof t and broken both his legs 70 days before, to a hospital for three or four days after the vessel arrived at the port of Boston, and damages were allowed forsuch neglect, as well as the refusai to put into St. Helena for surgical aid 25 days after the accident occurred, amounting to $600. In fixing the amount of dam- ages in this case the court will not overlook the fact that the general treatment of the libellant by the master bas been kind ����