Wilson

In 1944 appellee contracted with the War Shipping Administration to make repairs on the Russian-owned ship Minsk, then lying at the Portland, Oregon, water front. It subcontracted certain of the work, namely electrical repairs, to the Marine Electric Company, appellant’s employer. On April 23 of that year, while working at the assigned task aboard the Minsk, appellant suffered severe injuries from falling through an open hatch, and was hospitalized for the ensuing two and a half months. In the autumn of 1944 he arranged with William P. Lord, a well-known and capable admiralty attorney of Portland, to handle any rights he might have growing out of the accident.

In September 1948 Mr. Lord died, and shortly after his death appellant learned that no suit had been instituted. A year later, in September 1949 — some five years and five months subsequent to the injury — suit for ' damages was filed against appellee. The issues litigated were whether appellant was guilty of laches, and whether his injury arose out of negligence chargeable to appellee. Without passing on the latter issue, the court entered a judgment for appellee on the ground that the suit was barred by laches. This…