Waters

Appellant, Sidney L. Waters, a seaman, brought this libel in admiralty seeking to recover maintenance owing by reason of disability from tuberculosis allegedly contracted while he was employed by the United States as chief engineer on the S. S. Benjamin Bonneville and the S. S. Arthur A. Penn. By an amendment to his libel appellant further asked that a release executed by him in October, 1945 be set aside.

The facts are these: Appellant after some twenty years ashore returned to sea during the war years. After one trip as assistant engineer .aboard a tanker he sailed aboard the Bonneville as chief engineer. The voyage lasted from February, 1944 until October of that year and included Australia, India and East Africa. Appellant’s second 'voyage aboard the Arthur A. Penn corpmenced on December 13, 1944 and was completed on March 11, 1945.

Appellant testified that he found the assistant engineers aboard the Bonneville were incompetent and that he had to do their work as well as his own; that he had to spend a great deal of time in the engine room in extremely high temperatures and was called to the engine room at all hours, seldom getting a full night’s sleep. He testified that he…