Manzanillo

The United States brought this action to recover from Shaver Transportation Company, appellee here, payments which the Government had made to its employee, a Capt. Eric A. Peters, for maintenance and cure. These payments were occasioned by an injury received by Peters upon one of appellee’s tugs.

The United States, owner and operator of SS Harold L. Winslow, entered into a contract with Shaver whereby the latter undertook to tow the Government’s vessel, which was loaded with grain, from Portland, Oregon, to a berth at Astoria. After the Winslow was berthed at Astoria, the Tug Manzanillo, one of two tugs used in towing the vessel, following the usage in such cases and under such contracts, took off the master of the ship Peters and his crew and carried them ashore. The crew bo.arded the Tug by descending a small ladder placed against the Winslow. From this they stepped off upon the deck near a place where there was a small hatch. The *221 hatch cover was not secured to the deck as it should have been and when Captain Peters stepped off the ladder on to the hatch cover it capsized and dropped him into the hold. In consequence of the injuries received by Peters, the United States,…