Iliamna

The above entitled cause heretofore tried, argued and submitted, is hereby decided as follows:

Judgment will be for the libelant on the third cause of action for maintenance and wages due to injury suffered by the libelant during the voyage, through no fault of the claimant, in the total amount of $1,572, and costs of suit.

Judgment for the claimant on the first and second causes of action. Findings to be prepared by counsel for the claimant under Local Rule 7.

Comment

I am of the view that the libelant has failed to prove any unseaworthiness, Mahnich v. Southern Steamship Co., 1944, 321 U.S. 96 , 64 S.Ct. 455 , 88 L.Ed. 561 , or negligent act on the part of the claimant, even if we assume that recovery may be had for negligence in a suit in rem. See, The Black Gull, 1936, 2 Cir., 82 F.2d 758 . The libelant’s own description of his accident in the courtroom is rather hazy. *37 This is readily explained by the fact that when he fell into the bottom of the barge he was quite dazed. But his description indicates that one of his feet touched the side of the barge, and that he was thrown into the bottom of the barge by the movement of the vessel.

While the evidence shows that some…