Firth

Martin W. Firth, deceased, a work-away aboard the ill-fated public vessel Clarksdale Victory, lost his life when the vessel ran onto the reefs off Hipps Island, Queen Charlotte Group, B. C. The administratrix of the estate of said deceased, as libellant, brought an action against the United States of America pursuant to the provisions of 41 Stat. 525 , 46 U.S.C.A. § 741 et seq. commonly known as the Suits in Admiralty Act; and pursuant to 43 Stat. 1112 , 46 U.S. C.A. § 781 et seq. commonly known as the Public Vessels Act. After trial the District Court awarded libellant the sum of $15,000. The United States of America appeals.

The libel alleged, and the answer admitted that at all times material, the deceased was employed on and aboard the Clarksdale Victory and the trial Court found that the deceased was, at the time of the accident, a civilian in the employ of the United States of America as a seaman, towit, a work-a-way, and was upon and aboard the United States Army Transport Clarksdale Victory.

The controlling question presented on appeal is the contention of the United States of America that the trial Court should have granted its motion to dismiss the libel. The motion…