Cantrill v. American Mail Line, Ltd.

Plaintiff brought this action under the .Jones act to recover damages (including maintenance and ■cure) for personal injuries suffered while in the employ of defendant as a seaman. In its answer, defendant denied any negligence and affirmatively alleged that plaintiff’s injuries were the result of a freak wave unexpectedly striking its vessel, an event which could not reasonably have been anticipated and was a risk assumed by seamen in their hazardous calling. A second affirmative defense (relating to maintenance and cure) was that plaintiff was obligated to avail himself of free medical…