The opinion of the court was delivered by: KALODNER
The libellant, a seaman, brought an action in personam in admiralty (1) for damages based on alleged negligence, and (2) for maintenance and cure.
The action for damages contained three counts:
(1) That the injury was caused by the negligence of the respondent in failing to protect the libellant against assault of a fellow-employee;
(2) That the respondent failed to provide proper medical and surgical care and attention; and
(3) That the respondent compelled the libellant to work despite his injuries.
The first count has been withdrawn by counsel for the libellant (p. 2, Libellant's Brief) and properly so, as is demonstrated by the record.
A brief statement of the facts is appropriate at this point:
"A. So he got mad -- he said, 'Well, in case I lost your papers, what are you going to do about it?' He struck at me with his left hand -- * * *"
"Q. You say he swung at you? A. Yes, sir, he struck at me with his right hand. I was facing him. I knocked his hand up ...