Maldonado v. New York & P. R. S. S. Co.

Hamilton, Judge,

delivered the following opinion:

The evidence in this case satisfied the jury that the plaintiff, while working on a ship of the defendant, was injured hy a stairway which it was his duty to descend, and that this was due to the negligence of the defendant. A motion for a new trial was made on several grounds, hut the one insisted upon is that the evidence shows the hernia which resulted to plaintiff could probably have been cured if the plaintiff had submitted to a surgical operation which was offered him at the instance hy the defendant.

1. There is no doubt that a plaintiff,…