Kakara

This is an appeal from a decree dismissing a libel in personam against the appellee, brought itnder the Suits in Admiralty Act, 46 U.S.C.A. § 741 et seq., because not filed within the two year period of limitation provided in § 5 of that Act as amended in 1932 to read:

“Suits [as] authorized [in] this chapter * * * shall be brought within two years after the cause of action arises.”

The cause of action in the libelant arose on January 23, 1943, and the libel in per-sonam against the United States was filed more than two years later on May 6, 1945.

The libel was for personal injuries to the libelant seaman for which it was alleged that suit could be brought at law or in admiralty under the Jones Act, 46 U.S.C. § 688 , 46 U.S.C.A. § 688 , which when enacted incorporated the two year period of limitation of the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq. In 1939 the latter Act was amended to extend its statutory limitation to three years, 45 U.S.C.A. § 56 .

Appellant contends that as to the Jones Act’s rights against private owners and vessels, this subsequent amendment of the Employers’ Liability Act enlarged the Jones Act’s limitation to three years. Cf. Streeter…