Thurston

Appellant, a third assistant engineer on the Steamship Katherine S. Bates, suing the United States under the Clarification Act, 50 U.S.C.A.Appendix, § 1291 et seq., appeals from a decree denying him recovery from injuries sustained from his falling into an open hatch in his engine room, claimed negligently to have been left open, causing the ship to be unseaworthy in that respect. There is no question that the employment of appellant and his steamship bring the case within the provisions of the Clarification Act. Appellant also contends that an award for maintenance and cure is insufficient.

Appellee claims we cannot reach the merits of the appeal because appellant’s suit was barred by the two year limitation of the Suits in Admiralty Act, 46 U.S.C.A. § 741 et seq. The injury was sustained on July 10, 1946, and the libel filed on August 4, 1948, that is two years and 25 days later. The question is whether a cause of action on the seaman’s claim “arises” (a) when the injury is received, and hence must be brought within two years thereafter under the Suits in Admiralty Act, or (b) arises upon the administrative disallowance of the claim required by the Clarification Act to be filed…