Wilson

Appellant, a merchant marine sailor, was transported in Pearl Harbor in a naval launch on a dark night from shore to his ship, the Notre Dame Victory. He libelled the Interocean Steamship Corp. and the U. S. , alleging negligence in the navigation of the launch by which it ran into the mooring line of the Hospital Ship Repose between an unlighted buoy and the Repose. This, it is agreed, caused a sudden stop which threw him forward from his after seat in the launch and caused his face to hit a thwart whereby his nose was crushed and his face cut. The District Court found no negligence. On this appeal the liability of respondents under the Public Vessels, 46 U.S.C.A. §§ 781-790 , and Suits in Admiralty Acts, 46 U.S.C.A. §§ 741-752 , is not questioned if the appellant has maintained his burden of proof of negligent navigation.

While here a trial de novo, all the evidence favorable to appellant’s contention was from witnesses heard by the District Court. We are bound by the rule of The Ernest H. Meyer, 9 Cir., 84 F.2d 496 , 501: “Where all of the evidence is heard by the trial judge and the question is one of credibility of witnesses on conflicting testimony, the presumption [that…