William Morrell and Evaristo Valle v. United States of America, and Triple "A" MacHine Shop, Inc., Respondent-Impleaded-Appellee

Order.

After a judgment in the district court dismissing their libels, 193 F.Supp. 705 , libelants gave notice of appeal therefrom to this court. A motion for leave to prosecute the appeal in forma pauperis and to obtain a copy of the reporter’s transcript of the trial at the expense of the United States was made to the district court. That court granted leave for libelants to prosecute their appeal in forma pauperis but denied the motion to have the reporter’s transcript prepared at the expense of the United States. The district judge said on that motion:

28 U.S.C.A. § 753 (f) provides in part:

The district judge did not make the certificate mentioned in the above section.

The appellants were injured when a fellow employee released the Rottmer releasing apparatus on a life boat. The appellants do not contend that the releasing apparatus was defective or unfit for the purposes for which it was being used, thereby rendering the vessel unsea-worthy. They do contend that “fit” apparatus can be used in an improper way, rendering the vessel unseaworthy.

The trial judge ruled that the only question on appeal is one of law and that in his view a reporter’s transcript is not…