DIETRICH, Circucit Judge.
Appellant brought this suit mainly for the purpose of recovering damages on account of personal injuries sustained by him about 10 o'clock at night on October 4, 1928, at which time he held the position of second assistant engineer on the steamship Pennsylvania, then 3 or 4 days out from Hong Kong on her return voyage to San Francisco, after carrying a cargo of lumber from Portland to the Orient. By one of his shipmates he was at that hour...
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