Petricich

Libelant, Anton Petricich, has brought his libel for damages, maintenance and cure by reason of injuries received and disability-incurred while in the employ of the Respondent as a fisherman seaman aboard the vessel “New Bol”.

The maintenance and cure is asked for disability incurred in March, 1948, when he'developed a hernia while working on the boat. The condition did' not cause im-' mediate disability. On March 11, 1948, he was hospitalized by the United States Health Service, who repaired the hernia. He was disabled for about 60 days. It is agreed that the rate of maintenance is $6 a day.

The claim for damages for injuries is based upon an injury to the eye which the Libelant suffered aboard the vessel on March 17, 1948. I am of the view that the hernia for which' he was hospitalized on March 11, 1949, developed while fishing on the- Respondent’s vessel in March, 1948. He testified to feeling a sudden pain and noticing a swelling. The hernia did' not cause him any particular trouble and, being anxious to continue fishing, he, oñ. the recommendation of a druggist friend, used a truss until such time in March, 1949, when he was ready to be hospitalized for the condition.

The…