Mayo

This action is brought under the Public Vessels Act, 46 U.S.C.A. §§ 781-790 . As alleged in the libel, libelant was employed as a waiter and Civil Service crew member of the U.S.N.S. General Wei-gel from July, 1950 to October, 1951. On December 1, 1951 the libelant joined the U.S.N.S. General W. H. Gordon in the same capacity. During the course of libelant’s employment aboard the U.S.N.S. General W. H. Gordon, he became ill. Libelant was hospitalized and treated for pulmonary tuberculosis at the Marine Hospital, San Francisco, from January 8, 1952 until August 31, 1953. He was discharged to out-patient care on August 31, 1953 and remained an out-patient until June 15, 1954. Libelant now makes claim for maintenance at the rate of $8 per day for the period of out-patient care.

*47 Libelant has filed no claim for compensation under the Federal Employees’ Compensation Act, 5 U.S.C.A. § 751 et seq., stating that he admits that his illness was not proximately caused by his employment. Libelant contends that under the Public Vessels Act, he is entitled to maintenance as a seaman having fallen ill in the service of his ship. The sole question presented is whether the Court will disregard…