Vileski

Appellant Vileski, libelant below, and hereafter called libelant, at pertinent times was a marine fire and boiler man acting as a junior engineer under waiver of license on the S. S. “Iran Victory.” He libeled the United States and others under the maritime law for maintenance and under the Jones Act, 46 U.S.C.A. § 688 , for personal injuries. The Jones Act liability is alleged to arise from a negligent failure to furnish libelant a safe place to work in the fire room of the steamer while he was repairing certain of the relief valves over her boilers whereby he was caused to fall and bruise his left leg.

The action was dismissed as to all respondents except the United States. The testimony of all witnesses was given orally. The district court found against libelant on the negligence issue and awarded $164 for maintenance, an award not here questioned. This appeal is from the decree in favor of the United States with respect to the claimed negligence. Its liability is not contested if we hold libelant has sustained his burden of proof on the remaining issue tendered.

While, as libelant contends, an admiralty appeal is a trial de novo, “Where all of the evidence is heard by the…