James E. McDaniel Libelant-Appellant v. The M/s Lisholt, Her Engines, Etc., and A/s Lise, Her Owner

CLARK, Circuit Judge.

On the previous appeal of this case this court held that respondent was not under a duty to provide a seaworthy ship to libelant, a shore-based fireman, and that its only duty to libelant, whose status aboard the ship was that of a licensee, was to refrain from willful or wanton negligence. McDaniel v. The M/S Lisholt, 2 Cir., 257 F.2d 538, affirming D.C. S.D.N.Y., 155 F.Supp. 619. The Supreme Court in a Per Curiam opinion, 359 U.S. 26, 79 S.Ct. 602, 3 L.Ed.2d 625, remanded the cause “for a new trial in light of Kermaree v. Compagnie Generale Transatlantique, 358 U.S.…