1. Minors — Right to Sue — Objections at. Trial — Necessity—Appeal.

Where, in a suit in admiralty in personam for injuries to a seaman, he testified at the trial that he was under 21 years of age, but over 20, at which age Hawaii Civil Laws, § 2144, declares al-1 male persons shall be regarded as of legal age, and. defendant made no objection at the trial that by reason of plaintiff’s minority he was not entitled to sue alone, such objection could not be first raised by defendant on appeal.

2. Same — Admiralty Causes — Appeal—Trial De Novo — Review.

Though admiralty causes are triable de novo on appeal, where questions of fact are dependent on conflicting evidence the decision of the district judge thereon will not be reversed unless it clearly appears to be against the evidence.

3. Same — Cause op Injury — Evidence. ■

In a suit in admiralty in personam for injuries to a seaman by being struck by a load of sugar Being lowered into a boat by a crane, evidence reviewed, and hel& to justify a decision, of the trial court that the injury resulted from the negligence of the engineer operating the crane in prematurely lowering the sugar, and not from the action of the sea in lifting the boat up and dashing it against the sling.

4. Same — Negligence.

A winehman was employed to operate a crane by which sugar was loaded from a wharf into a boat. It was his duty to lower the load part

■ ¶ 2. Admission of new proofs on appeal in admiralty, see note to The Venezuela, 3 C. C. A. 322. way, and then wait until the boatmen signaled that they were ready to receive the load, and then lower the same into the boat; .the boatmen being required to hold the boat under the crane by the oars. Held, in a suit for injuries to one of the boatmen by the alleged premature lowering of a load of sugar into the boat without, signal, that the roughness of the sea at the time, and whether the seaman injured was standing upright in the boat, were immaterial, since, if the sea was rough, it was the winch-man’s duty to have kept the load out of the way of the boat until signaled to lower the same.

5. Same — Damages.

Plaintiff, before his injury, was in good health and strong physical condition. His collar bone was injured, and a week after the injury he began to suffer pains in his shoulder joint, and was unable to swing Ms hand while walking without its causing him pain. Physicians testified that this, together with plaintiff’s abnormal temperature and pulse, indicated either tuberculosis or neuralgia, either of which would shorten his life, and the uncontradicted testimony was that on account of such pains plaintiff was unable to perform labor as a sailor, that Ms injuries were permanent, and that Ms immediate future earning capacity was seriously impaired. Held, that a judgment allowing $3;000 damages, and $65.35 for the amount he would have earned before the trial, was not excessive.