17. The 'Florence Martus' arrived at the Port of Philadelphia, Pennsylvania, on February 14, 1947.
18. From January 12, 1947 until February 16, 1947 libellant was treated approximately 100 times by the purser. The treatments consisted of applications of yellow oxide of mercury to the libellant's injured eye.
19. On February 17, 1947, libellant was paid off by the respondent, and received a master's certificate from the captain of the 'Florence Martus', and was admitted as an ambulatory out-patient in the United States Public Health Station of Philadelphia.
20. On February 17, 1947, February 24, March 10, and March 24, libellant was examined and his injury prescribed for by Dr. Sidney L. Olsho, a specialist connected with the United States Public Health Service.
21. Libellant's injury was diagnosed by the United States Public Health Service as lacerations of the iris, right eye. The United States Public Health Service found that there would be residual damage to libellant's right eye, and that the amount of vision he would eventually have in that eye was problematical.
22. On April 14, 1947, pursuant to his own request, libellant was discharged from further treatment by the United States Public Health Service.
23. On April 16, 1947 libellant returned to work.
24. As of April 9, 1947, libellant was suffering from a 40% loss of vision in his right eye. This loss of vision is permanent.
25. At the time he sustained the injury to his eye, libellant was in the service of the vessel, and his injury was not the result of misconduct on his own part.
26. After receiving notice of libellant's injury, libellant's superior officers on board the 'Florence Martus' did everything that reasonable persons would do under the circumstances in furnishing libellant with professional medical treatment.
27. The fact that libellant returned to work approximately two weeks after his injury aggravated that injury; however, there is no competent testimony to establish the degree by which his injury was so aggravated.
28. Libellant was unable to return to work for a period of 56 days following the termination of his employment with respondent.
Conclusions of Law.
1. This Court has jurisdiction of the subject matter and the parties to this action.
2. Libellant is entitled to maintenance and cure for a period of 56 days at $ 3.50 per day, a total of $ 196.
3. Libellant has not borne the burden of proving that his present condition is to any ascertainable degree the result of negligence or improper care on the part of respondent.
4. The cause of action for damages is dismissed.
5. A decree may be submitted in accordance with this opinion.
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