Arthur A. Kelcey v. Tankers Company Incorporated, Defendant-Appellee-Cross-Appellant

FRANK, Circuit Judge.

1. Plaintiff filed a complaint, on February 5, 1951, alleging defendant’s liability for an attack on plaintiff by a fellow seaman, which occurred in January, 1949, on defendant’s vessel, Mission San Francisco. At the opening of the trial, on December 22, 1953, the trial judge, over defendant’s objection, allowed an amendment of the complaint which alleged .that the attack occurred. on de*543fendant’s vessel, U.S.N.T. Tomahawk on April 21, 1948.1 Defendant argues that the judge erred, because the amendment asserted a new cause of action which, on December 22, 1953, was barred…