Lippman

This was a libel in rem and in personam to recover damages suffered by the libelant through the use of a dangerous and defective stove while employed as cook on the gasoline schooner Talayha. On final hearing, the court below found that the charge of negligence had not been sustained, and ordered a dismissal of the libel, but later a decree in personam was awarded in favor of the libelant and against the owner for medical, hospital, and other expenses incident to a cure. Erom this decree the owner has appealed, contending, first, that at the time of receiving the injuries complained of the appellee was on the schooner as a guest of the owner and not as an employee or seaman; and, second, that the appellee, having elected to proceed under section 20 of the Act of March 4,1915, 38 Stat. 1185 , as amended by section 33 of the Act of June 5, 1920, 41 Stat. 1007 (46 USCA § 688; Comp. St. § 8337a), there could be no recovery for maintenance and cure. On the first question the testimony was extremely conflicting and we must refer to the finding *602 of the court below, based largely on testimony taken in open court. Did, then, the appellee waive his right to recover for maintenance and…