The opinion of the court was delivered by: WELSH
This is an action brought by the administrator of the estate of Joseph Cicarello, deceased, a seaman, for the benefit of the parents of the deceased, under the general maritime law and the Jones Act, 46 U.S.C.A. 688. The case was tried before the Court without a jury.
The Court makes the following findings of fact:
1. Samuel J. Stark was duly appointed administrator of the estate of Joseph Cicarello, deceased, by the Register of Wills of Philadelphia County, on September 3, 1942.
2. On October 26, 1941, Joseph Cicarello was a seaman employed by the defendant in the capacity of a deckhand aboard the dredge Baltic, a vessel owned, operated and controlled by the defendant.
3. On October 26, 1941, the dredge Baltic was engaged in deepening the bed of the outfitting basin of the New York Shipbuilding Corporation on the Delaware River between Pier 1 and Pier 2 at Camden, New Jersey, in navigable waters of the United States.
4. The dredge was, at the time facing bow in and secured to Pier 2 by a five inch manila line running from the aft port cleat of the dredge to the last riverward bit on Pier 2. Pier 2 was approximately 70 feet south of the dredge and Pier 1, to the north, was about 25 feet away.
5. The tide and wind was running to the north and the purpose of the manila line was to keep the dredge from drifting against Pier 1.
6. The dredge was also equipped with three spuds running vertically to the river bed, two forward and one aft; when these spuds rest securely in the river bed, they prevent the dredge from drifting and swinging about.
7. One of the duties of Joseph Cicarello was to row members of the crew and others to and from the dredge in a rowboat owned by the defendant.
8. At about 4 o'clock on the afternoon of October 26, 1941, Joseph Cicarello, in the course of his duties, rowed an inspector from Pier 1 to the dredge. He arrived as the stern end of the dredge, where a short ladder was located to permit the crew and others to board and leave the vessel, and after discharging his passenger, was requested by Thomas Thompson, a fireman, to row the latter ashore. Thompson descended the ladder and sat in the stern end of the rowboat. Joseph Cicarello was at the oars facing Thompson with his back toward the bow of the rowboat.
9. Joseph Cicarello proceeded to row toward a ladder suspended from Pier 1.
10. The route which he took necessarily crossed over the manila line which was then submerged in the water.
11. When the rowboat was 15 or 20 feet away from the dredge, and over the point where the manila line was submerged in the water, the line suddenly became taut without warning, caught the rowboat under its ...