Smith v. United States

HOLMES, Circuit Judge.

This appeal is from a decree dismissing a libel for personal injuries sustained while appellant was a member of the crew of the steamship Youngstown. The case was originally brought at law and tried to a jury whose verdict was in appellant’s favor for $2000. The judgment was set aside on the decision in Johnson v. U. S. Shipping Board Emergency Fleet Corporation, 280 U.S. 320, 50 S.Ct. 118, 74 L.Ed. 451, that, where the United States is the owner of the vessel, the right of recovery under the Suits in Admiralty Act, 46 U.S.C.A., chapter 20, § 741 et seq., is exclusive.…