Lanciotti

Libelant, who slipped on the starboard deck of respondent’s vessel, seeks to recover damages in admiralty to compensate him for the injuries suffered.

Prior to the filing of this suit libelant sought and obtained compensation from respondent in accordance with the provisions of the Longshoremen’s and Harbor Workers’ Compensation Act, 33 U.S.C.A. §§ 901-950 , in the amount of $1,074.79. This sum represented $420 paid by respondent to libelant for hospitalization and medical treatment of a sprained wrist and hernia, and $35 per week compensation. On December 16, 1953, libel-ant executed a Notice of Election to Sue and thereafter commenced the instant suit.

Libelant’s several witnesses, members of his longshoremen’s crew on board the Hawaiian Builder, testified that the starboard deck was slippery when they boarded the vessel to unload it on the morning of the accident and that it remained slippery until after 1:30 p. m. when libelant fell on the deck. There was testimony to the effect that the slippery condition was reported to at least one mate during the course of unloading operations in the morning but that nothing was done to correct it prior to the fall which resulted in the…