12. On or about November 18, 1946, plaintiff reported to Staten Island Marine Hospital, where he was treated and released the same day, with instructions to return if necessary.
13. Plaintiff then went to Philadelphia, Pennsylvania, where he was treated periodically by Dr. David Zipin between November 20, 1946 and December 7, 1946.
14. On December 7, 1946, upon the recommendation of Dr. Zipin, plaintiff returned to Staten Island Marine Hospital, where he received baking treatments for leg swelling and inflammation until December 17, 1946 He was discharged from that hospital on December 17, 1946, with swelling and inflammation removed, infection resolved, and a prognosis of one week's convalescence.
15. On January 11, 1947, plaintiff shipped out as a messman aboard another vessel. There is no evidence that, on and after January 11, 1947, plaintiff's condition would have been benefited by further medical care or nursing attention.
16. Plaintiff has not established by a preponderance of the credible evidence that the condition of his legs was either caused or aggravated by any accident aboard the S. S. 'Purdue Victory', or by any act or omission on the part of defendant's servants, agents or employees, or by any unseaworthiness of the vessel.
17. Plaintiff is entitled to maintenance and cure for the period from November 18, 1946, through January 10, 1947, less the period from December 7, 1946 through December 17, 1946, during which he was an in-patient at Staten Island Marine Hospital for a total of 43 days at $ 3.50 per day.
Conclusions of Law.
1. This Court has jurisdiction of the subject matter and the parties to this action.
2. Plaintiff is entitled to maintenance and cure for the period from November 18, 1946 through January 10, 1947, less the period from December 7, 1946 through December 17, 1946, during which he was an in-patient at Staten Island Marine Hospital. The total award for maintenance and cure is, therefore, for a net period of 43 days at $ 3.50 per day, or $ 150.50.
3. Plaintiff's alleged cause of action for damages is dismissed.
4. Judgment may be entered for plaintiff in the sum of $ 150.50, together with costs of this suit.
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