The S. S. Serpa Pinto

BYERS, District Judge.

The libelant, a third class passenger on the S. S. Serpa Pinto bound from Lisbon to *256New York, was injured on January 5, 1941, 'as the result of being Struck by a wave which boarded the C deck at the round of the stem on the starboard side.

The sole basis of his claim of negligence is thus stated in his proctor’s brief: “The ship was at fault in failing to' either rope off all exposed decks under the weather conditions prevailing, or warning passengers to keep off them.”

There was no such warning, and the only roping off was on the life-boat deck, to prevent passengers from…