Page:Federal Reporter, 1st Series, Volume 4.djvu/660

 6e6 FJSDEBAL BEPOBTEB. �5. Fbllow Sbrvakt,— ^emSîe that the mate îs not the fellow servant of �a sailor so as to exempt the master from liability for an in jury caused to the latter by the negligence of the former. �4i. Deviation. — A departure from the due course of a voyage to save property merely, i« a deviation, and will forf eit the inaurance ; but a departure to save life is not. But, although the law will, as between the insurer and insured, excuse a departure from motives of human- Ity, a master is not correspondingly bound to make such departure even to save the life of one of the crew ; but the time and risk likely to be consumed and incurred in such departure, as compared with that incident to the direct voyage, are to be considered, and have a controUing influence in the matter. �6. Bamb. — On June lOth, in latitude 38 south, and longitude 91 west, the �ship Chandos was on her way to Portland, Oregon, with a cargo df rail- way iron, without a surgeon or any surgical appliances on board, when the libellant f ell from aloft and broke his thigh bone. HM, that if the ship could have made a port — as, for instance, Valparaiso, distant about 1,080 miles— in flve or six days, it would have been the duty of the master to have gone there, and obtained surgical aid for the libel- lant; but if it could not have been done in less than two weeks, he was not bound to make the departure. �C BiOK OB Injukbd Sbamen. — The hospital service of the United States is not intended to supersede the marine law, which imposes an obliga- tion on a vessel to take care of a seaman falling sick, or becoming injured in its services, but only auxiliary thereto. �T. Samb.— A seaman injured in the service of a vessel, without his fault, is entitled to be taken care of at the expense of the vessel untU the end of the voyage, and longer, if necessary to eiïect a cure, so far as the sarae can be done by the use of the ordinary medical means ; and the fault which will exempt a vessel from such liability is not mere ordinary negligence consistent with good faith, but some positively vicions conduct, such as gross negligence, or wilful disobedience of orders. �8. Neglbot to Send Sbaman to Hospital.— Damages allowed for neg- lecting to send libellant to the marine hospital at Portland, at the expense of the ship, for 12 days at'ter her arrivai in the Columbia ���In Admiralty. �John Woodward and Charles Woodward, for libellant. �John W. Whalley and M. W. Fechheimer, for respondent and claimanta. �Deady, D. J. In January, 1 8 80, the American ship Chandos Bailed from the port of New York for Portland, with a fuU cargo of railway iron. The libellant, Gustavus Peterson, a ����