Page:Federal Reporter, 1st Series, Volume 4.djvu/665

 FETSBÔON V. THE ckAKDOS. 651 �without his fault, is entitled to be cured or çared for at the expense of the vessel. Harden t. Gorden, 2 Mass. 647 ; Beed V. Canfieîd, 1 Sum, 197; The Ben FUnt, 1 Abb. U. S. R. 128; Brown v. Overton, Sprag. Dec. 462. And the fault which will forfeit this right upon the part oî the seaman must be some positively vicions conduct, such as grosa negligence or wilful disobedience of orders. Ordinary negligence, consistent with good faith and an honest intention to do his duty, is not suf- ficient. Beed v. Canfieîd, supra, 206 ; The Ben Flint, supra, 130. The propriety and good policy of this rule is eloquently vindicated by Mr. Justice Story in Harden v. Gorden, supra, 547, and in the application of it a court of adniiralty will not be quick to find cause to exclude the seaman from its benefits. �The libellant, notwithstanding his want of caution in going upon the crane line, w'as clearly entitled to be cared for at the expense of the ship, and the question now is, what was the nature and estent of this obligation ? It is not contended by counsel for the libellant that the ship ought to have been f umished with a surgeon, or that the master should bave had more than ordinary knowledge and experience in ascertaining or treating fractures of the leg. But it is claimed that if the master had exercised ordinary skill and care in the examina- tion and treatment of the libellant's leg, he would bave ascer- tained that the thigh-bone was fractured, and bave been able to ' set it so that it would not now be three inches short ; and also that it was the duty of the master under the circumstances to bave gone into the nearest port — Valparaiso — where it is admitted that proper surgical aid and appliànces could have been obtained. Upon the evidence it is very uncertain what time it would bave takeù to reach Valparaiso from the place where the accident occurred — a distance of 18 degrees east and 5 degrees north. Counsel for the libellant argues that it might bave been done in 11 days, but the calculation upon which this conclusion is based assumes that the vessel might bave changed her course from about north-west to east, and made about four miles an hour to Valparaiso. �Now, there is no evidence in the case as to the force or direction of the wind between the locality of the accident and ����