Lubinski

Walter Lubinski filed his libel in per-sonam in the district court against the United States and the Alaska Steamship Company under an Act of Congress ( 57 Stat. 45 , 50 U.S.C.A.Appendix, § 1291) to recover damages for the loss of vision in his left eye, and was awarded judgment against the United States. The court dismissed the action against the Alaska Steamship Company. The United States appeals and Lubinski appeals from the decree dismissing the Alaska Steamship Company. The government’s appeal is based solely upon the premise that the evidence does not support the findings of facts.

' Lubinski was a boatswain on the Liberty Ship George Flavel, which was being operated under an agreement with the Alaska Steamship Company. The United States, acting through its agency, the War Shipping Administration, had complete charge and authority over the ship and crew in a voyage and an action against the Japanese in the Alaska Military Operation.

The ship carried ammunition, equipment, soldiers, the merchant crew of the vessel, a naval gunnery crew, and a naval amphibious unit. Among the equipment *1014 of the amphibious unit, there were smoke or distress signals, sometimes called…