Ford

Appellant, Earl David Ford, on April 28, 1945, was employed as a messman and member of the crew of the merchant vessel S.S. Sea Perch owned and operated by the United States, with United Fruit Company assisting in the operation. On that date the vessel was at Esperitos Santos, New Hebrides, embarking a large number of troops, and while appellant was sitting on the ship’s rail facing outboard, watching the loading operations, he was accidentally “bumped” by one of two seamen engaged in innocent “horseplay” in the passageway behind the railing and fell to the dock below and sustained severe injuries to his feet, ankles and legs. He brought this action under the Jones Act, 46 U.S.C. § 688 , 46 U.S.C.A. § 688 , to recover-damages for negligent injury to his person, with additional claims for wages, maintenance and cure. From a decree denying appellant recovery and as to each appellee dismissing the action, appellant appeals.

Appellant contends in effect that there was before the trial court much credible evidence that crew members on appellees’ vessel habitually engaged in excessive horseplay; that appellees well knew of such practice and of its danger and did nothing to stop it or…