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In April, 1946, appellant Alexander S. Page was injured in the performance of his duties as acting second assistant engineer on a merchant ship en route from the west coast of the United States to the Orient. As a result, on May 2nd he left the ship after her arrival in Japan and was sent back to his home in Portland, Oregon. The return voyage of the vessel was completed about June 15, 1946. The United States was the owner and Moore-McCormack Lines, Inc. the general agent for the transaction of certain shoreside business of the ship under the terms of standard form agency agreement GAA 4-4-42.

Appellant libeled both the owner and the general agent in personam under the Suits in Admiralty Act, 41 Stat. 525 , 46 U.S.C.A. § 741 et seq., for damages, wages and maintenance and cure. The trial court found that none of the allegations of unseaworthiness or of negligence set forth in the libel was sustained by the evidence and denied recovery of damages but allowed recovery from the United States of wages to the end of the voyage, and maintenance and cure to August 28, 1946. The libel was dismissed as to MooreMcCormack Lines, Inc.

As to the denial of recovery of damages we think the…