Appeal from the District Court of the United States for the Territory of Hawaii; Horace W. Vaughan, Judge.

Iyibel by Natalio Peneyra, an insane person, by Adriano Borha, his guardian ad litem, against the American steamship Kinau and the Inter-Island Steam Navigation Company, limited, bailee, claimant, and owner. From the decree, libelant appeals.

Natalio Peneyra, described as an insane person by his guardian ad litem, filed a libel against (lie steamship Kinau to recover damage» for personal injuries sustained as a passenger on the steamship, which was engaged in carrying passengers for hire from Honolulu to a port on the island of Kauai. The libel alleged that on December 9, 1917, shortly after taking passage on the steamship, the second officer of the steamship ordered Peneyra to go into the steerage, and in a rough and improper manner shoved him over towards an open, unguarded, and unlighted hatchway, and he, without fault or negligence on his part, stepped into said hatchway and fell into the hold of the steamship, 'and sustained 'serious and permanent wounds and injuries, to such an extent that he lost his reason and became insane, and that he was declared insane by a court of competent jurisdiction in the month of December, 1917, after he had received said injuries. The appellee in its answer admitted that the appellant, while on the deck of said vessel, fell into an open hatchway in the hold of said vessel, a distance of about eight feet, and struck his head on the floor or some object in said hold, and sustained some injury, the nature and extent whereof it was ignorant.

The court below made no findings of fact, but in an opinion reviewed the statements of Peneyra given in open court three days after the conclusion of the testimony offered on behalf of the parties. The court expressed the opinion that the evidence proved that Peneyra was 'then sane, and that the only evidence that he ever was insane was the adjudication upon which he was committed to the asylum. Treating the statements of Peneyra as declarations against his interest, the court denied his right to recover. The testimony so taken in open court was all in answer to questions by the judge, and it consisted mainly in Peneyra’s answer of “Yes” to leading questions. The record shows the following:

“Q. Did you have' a ticket at the time you got on board? A. I wasn't given yet a ticket. Q. Did you take your little girl on the boat with you? A. Yes. Q. Did you walk up on the upper deck? A. We did. Q. Did you leave the little girl on the upper deck? A. Yes. Q. And you went down to see about your baggage? A. Yes. Q. That’s what you went down for? A. Yes. Q. Did you remember when you fell on the steamer? A. I did. Q. You remember falling? A. Yes. Q. How came you to fall? A. I was dizzy. Q. Were you facing towards the hatch when you fell? A. Yes. Q. You were facing the hatch? A. Yes. Q. Did you fall forward through the hold or hatch? A. Yes. Q. Because you were dizzy? A. Yes. Q. Did you fall backwards through it? A. No. Q. When you fell, do you remember them picking you up? A. Yes. Q. You remember them picking you up after you fell? A. I do. Q. You remember them picking you up out of the hatch and taking you back on the shore? A. Yes. Q. You remember that? A. Yes. Q. Did you know at that time they were taking you back to the shore? A. Yes. Q. Did you have them take your little girl with you? A. Yes. Q. Was the little girl taken back on shore? A. Yes. Q. How did you get hack from the ship to the shore? A. The boss of the steamer ordered me to go ashore. Q. Are you crazy? A. No. Q. Have you been crazy? A. No. Q. Did you know that you were out here at the asylum? A. Yes. Q. What were you doing out at the asylum? A. I was out there simply sitting around. Q. Did you know what you were doing there? A. I was doing nothing. The American told me to go out to work, but I worked only a month. Q. When you fell on the ship, were you squatting down or were you standing up? A. At that time 1 was standing up; when I got dizzy, I stooped down. Q. Was the hatch open? A. Yes. Q. Was there a rope around it? A. Yes. Q. How many sides'—-was the rope .around all four sides of the hatch? A. Yes; the rope was around all four sides. Q. When you fell in? A. Yes.”