Ellis

This is an appeal from a decree of the district court denying appellant recovery for wages, maintenance, care, cure and repatriation to his port of shipment based upon his disablement from an injury claimed to have been received in the course of his employment while in Manila, P. I.

Though the testimony of appellant, libelant below, was heard by the district court the facts the appellant there stated are undisputed and hence we are entitled to consider the cause de novo.

Appellant, in the port of San Pedro, California, shipped as third assistant engineer on the S. S. Cape Saunders, signing shipping articles for a voyage to foreign ports for a period not to exceed six months. The vessel arrived in Manila. There the ship posted on its bulletin board a notice stating that the only safe place of recreation in Manila was the United Seaman’s Service Club, a.private charitable non-profit organization having a club house and restaurant and swimming pool some ten miles distant from the ship. Following the advice of this notice, appellant and a shipmate, the first assistant engineer, were transported to the United Service Club. While there the two friends had luncheon, appellant drinking…