Bornhurst

At all pertinent times, the tanker Puente Hills was owned, operated and employed as a merchant vessel by appellee, the United States. On and prior to May 12, 1945, appellant, Qyde Burdette Bornhurst, was employed by appellee as a seaman on board the Puente Hills, his duties being those of a wiper in the engineer’s force. On May 12, 1945, while the Puente Hills was on navigable waters of the Pacific Ocean off Finschaven, New Guinea, appellant was injured when a tank top fell and struck his hands.

Thereafter appellant, by his guardian ad litem, Isabel Bornhurst, 1 filed a libel in personam against appellee and others, thereby seeking to recover on account of his injuries damages in the sum of $50,000. Oh motion of appellant, the libel was dismissed as to all respondents except appellee. Appellee answered, and a trial was had, at *790 the conclusion of which appellant moved for leave to file an amended libel. The motion was denied. Findings of fact and conclusions of law were stated, 2 and a decree was entered in appellee’s favor. From that decree this appeal is prosecuted.

The libel alleged that appellant was working in the course of his employment at the time he was injured; that…