Tastor

This is a suit under the Tort Claims Act, 28 U.S.C.A. § 1346 et seq., for damages for the death of John Tastor caused by the alleged negligence of Private Estel Beltz, an enlisted member of the United States Army. The decedent, John L. Tastor, was first mate of the S. S. Benjamin Grierson, which was moored to “R” Dock, Apra Harbor, Guam at the time of this unfortunate accident.

At approximately the hour of one o’clock a. m., April 7, 1948, the decedent Tastor returned to the ship accompanied by Don Saunders, chief steward, William Hall, second mate and Mr. and Mrs. Harry M. Rissman, both civilian employees of the United States at Guam. The group had been celebrating the Rissman’s anniversary. The Rissmans had driven the officers back to the ship and the , officers invited the Rissmans aboard for a cup of coffee in the mess hall before they returned to their home on Guam.

Private Beltz was stationed as sentry aboard the S.S. Benjamin Grierson. He recognized the decedent Tastor, who was in uniform as an officer of the Maritime *550 Service, as the first mate of the ship. He also passed the other members of the crew but, pursuant to his orders, 1 he refused to allow the Rissmans…