O'Leary

This is an appeal' from a judgment of the District Court dismissing appellants’ petition for an order enjoining enforcement of a compensation award made by the Deputy Commissioner to appellee Robert Marko-vich under the Longshoremen’s & Harbor Workers’ Act, 33 U.S.C.A. § 901 et seq.

On October 18, 1950, Markovich was injured while performing service as a fastener in work incidental to the repair of the tugboat El Sol which was then located on a marine railway at the yard of his employer, Western Boat Building Company, in Tacoma, Washington. While walking alongside a lifeboat on the upper side of the ship, he lost his balance, and fell over the side, a distance of about forty feet. The marine railway upon which the El Sol was located is about 150 feet long and the lower portion thereof extends into the water. While thus undergoing repairs, the stern of the vessel was partially submerged in the waters of Puget Sound at high tide. It is not disputed that the waters of Puget Sound are navigable.

Shortly after his injury, appellee-Mark-ovich filed a claim for compensation with the Department of Labor and Industries of the State of Washington. The claim was allowed November 14, 1950,…