The opinion of the court was delivered by: HUYETT
Respondent, United States of America, has moved for dismissal of libelant's action pursuant to Fed. R. Civ. P. 41(b) following presentation of libelant's case on the issue of liability only before the Court without a jury, on the ground that upon the facts and the law libelant has shown no right to relief.
1. On February 15, 1963, John Chestnut was employed by Sun Shipbuilding & Dry Dock Company as an outside machinist on the third shift.
2. On February 4, 1963, the dredge "Comber", owned by the United States, arrived at the shipyard for conversion along with some repairs pursuant to a contract between the United States and Sun Shipbuilding and Dry Dock Company.
3. The work on the dredge "Comber" commenced on her arrival at the shipyard and was completed shortly after May 3, 1963.
4. While the "Comber" was at the shipyard her generators, steering gear, fire pumps, and lifeboats were inoperative and all services including steam, electricity, and water were furnished from the shore.
5. While the "Comber" was at the shipyard her regular crew of 96 officers and men was reduced to 26 persons whose only duties were housekeeping and inspection.
6. While the "Comber" was under repair no living quarters were open and the skeleton crew completed duty at 16:30 hours each day.
7. On February 15, 1963, at approximately 2:00 A.M. John Chestnut, in the course of his duties as an outside machinist employed by the shipyard, slipped and fell on grease in a winch well and sustained personal injuries as a result of the fall.
8. The origin, nature and extent of the grease is unknown.
9. The libelant at the time of his injury was engaged in the dismantling of the forward port winch which is a procedure rarely performed at sea.
10. On February 15, 1963, the "Comber" was totally unable to function as a vessel or to perform the functions for which she was intended since as of that date all her fuel and steam had been removed, electricity had been disconnected, and the steering gear was inoperative.
11. John Chestnut, on February 15, 1963, was performing his work under the exclusive supervision and control of his employer, Sun ...