Heder

At all pertinent times, the steamship Robert M. LaFollette was owned, operated and employed as a merchant vessel by appellee, the United States. On and prior to August 7, 1945, appellant, Walter M. Heder, a minor was employed by appellee as a seaman on board the vessel. On August 7, 1945, while the vessel was at anchor in Buckner Bay, Okinawa, on navigable waters of the Pacific Ocean, appellant was injured when his left thumb was caught between a line and a spool called a niggerhead.

Thereafter appellant, by his guardian ad litem, filed a libel in personam against appellee, seeking thereby to recover on account of his injury damages in the sum of $5,000. Appellee answered, a trial was had, findings of fact and conclusions of law were stated, 1 and a decree was entered in appellee’s favor. From that decree this appeal is prosecuted.

The libel alleged that “on or about August 7, 1945, the libelant [appellant], while discharging the duties of his employment and while acting within the scope of his employment, was required to man and control a niggerhead so as to raise, with the help of other crewmen, a boat to the deck of said ship.” The court found that “on or about August 7,…