The opinion of the court was delivered by: FOLLMER
1. On June 16, 1947, libellant was 30 years of age, a citizen of Canada, and a seaman in the United States Merchant Marine. His academic education was limited to grade school and one year high school and his work record thereafter was one of manual labor.
2. On June 16, 1947, the respondent, a New York corporation, possessed, owned, operated and controlled the Motor Vessel 'Gadsden' in foreign commerce.
3. On June 16, 1947, libellant was in the employ of respondent as a member of the crew of the Motor Vessel 'Gadsden' in the capacity of wiper, at the rate of $ 185.50 per month, base wages, plus overtime and maintenance.
5. Libellant was removed from the hold to his quarters where he remained until the ship reached the port of Montreal on June 18, 1947. He was then taken to St. Luke Hospital in Montreal where he remained until June 23, 1947, during which period it was not ascertained that he had sustained fractures of his vertebrae.
6. Libellant received wages from the 'Gadsden' from May 13 to June 26, 1947, inclusive.
7. The attending physician at St. Luke Hospital who examined libellant diagnosed his condition as Lumbalgia.
8. Libellant was retained as an in-patient at St. Luke Hospital until June 23, 1947, when he was released to the Hospital's Out-patient Department and told to report to it on July 7, 1947.
9. On July 11, 1947, libellant was given a 'Sailor's Discharge' by St. Luke Hospital which stated that he should be fit for duty by July 28, 1947.
10. After July 7, 1947, libellant never applied for any medical treatment on account of his back injury of June 16, 1947, either to St. Luke Hospital or to any other facility or physician.
11. At all times while libellant was at Montreal following his discharge from St. Luke Hospital, he lived at the home of his parents and received bed and board from them.
12. Libellant contracted infantile paralysis during his childhood which resulted in a degree of functional impairment to the muscles of his left side.
13. Libellant has a condition of scoliosis or lateral spinal curvature which condition predated his accident and stemmed from a 5/8 ...