O'Leary

This is an appeal from a judgment confirming a compensation award against appellant employer and its insurance carrier for the death of one John Valak made under the Longshoremen’s and Harbor Workers’ Act, 33 U.S.C.A. § 901 et seq., hereinafter called the Act. Valak was drowned in an attempt to rescue an unknown person from a reef off the Coast of Guam. The ground of the appeal here is that the attempt to rescue the distressed unknown was not any work arising out of or in the course of Valak’s employment nor in any recreation engaged in, for his employer’s benefit.

The uncontradicted testimony is that for the recreation of employees of the appellant employer it maintained a recreation center at a place on the Island of Guam called Camp Ethridge, situate on the shore of the island. There was provided by the employer at the camp a swimming pool on the camp grounds and a club where employees could get beer and sandwiches. The recreation center was open to any civilians on the island provided they were employed by other contractors on the island. The employer furnished a bus, fare free, for its employees to go to the camp every day, Sundays included. In fact Sunday was the busiest…