Ernest A. Armstrong v. Commerce Tankers Corp. And Empire Ship Agents & Brokers Corp.

ANDERSON, Circuit Judge.

The plaintiff, Ernest A. Armstrong, newly signed on as a seaman aboard defendant’s vessel, SS Thalia, went off duty at 0800 April 20, 1967, while the ship was anchored in Singapore harbor. On invitation he went to the quarters of a shipmate, named Darcy, and sat on a bunk to the right of the open door. In the quarters at the time were Darcy, a white-haired wiper, and a machinist, also crew members. A general conversation ensued. The machinist left, and the three remaining talked about learning to pilot an airplane. The white-haired wiper took offense at something said…