McGraw

Libelant seeks maintenance and cure from respondent. The cause of action arises out of an illness suffered by libel-ant while on board respondent’s vessel on a voyage to the Far East.

Respondent, by way of defense, relies upon a release of all claims and demands executed by libelant upon receipt of $600.

Respondent has. the. burden .of showing that the seaman acted freely and with a full understanding of his fights when he signed the release in consideration of the moneys paid him. Garrett v. Moore-McCormack, 317 U.S. 239 , 63 S.Ct. 246 , 87 L.Ed. 239 .

The evidence at the trial establishes the fact that libelant took the initiative in suggesting a settlement. In the light of the known medical history at the time, there was no overreaching on respondent’s part. Libelant McGraw, himself, obtained the abstract of the clinical - record from the Marine Hospital which showed that the libelant was *447 then suffering from painless gross hematuria — etiology unknown. This record was further substantiated by the report from the Bluff Hospital, Yokohama, . Japan, which was known to both parties.

On February 21, 1952, based on the Marine Hospital report and that of the Bluff Hospital,…