Biesemeyer

Libelant brings this action for maintenance and cure under provisions of the Suits in Admiralty Act, 46 U.S.C.A. §§ 741-752 . On October 20, 1945, during the course of his employment as a seaman aboard respondent’s vessel, the libelant slipped and fell on some dunnage, thereby incurring a fractured rib. Libelant received the usual hospital certificate from the respondent, which entitled ‘him to care and treatment from the respondent as the result of such accident. Through the use of such certificate he became an out-patient in the San Francisco Marine Hospital from March 1, 1946, to March 5, 1946, and he was there examined, advised and offered treatment for his broken rib. The libelant voluntarily declined to accept the prescribed advice and treatment tendered him at the Marine Hospital. Subsequently, and during the year of 1946, the libelant consulted with, and was examined by, two different, private physicians, both of -whom prescribed the same treatment for the fractured rib which was tendered libelant at the Marine Hospital, and none of which was acted upon by the libelant.

In ■ May, 1947, the respondent again tendered libelant any necessary medical attention at a Marine…