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P was employed by D as a fireman on board the steamship 'J. L. Luckenbach.' P undertook to perform certain duties on deck during a heavy wind. A wave came aboard, knocked him down, and broke his leg. P received care immediately. When the vessel arrived at its destination he was taken to the marine hospital where he remained for three months. P's leg had to be amputated. P sued D in state court under the common law claiming that the injuries resulted from the negligence and an improvident order of a superior officer. D removed the case to District Court because of diverse citizenship. P did not question the seaworthiness of the ship or her appliances and announced that no claim was made for maintenance, cure, or wages. The court directed a verdict for D. The Circuit Court of Appeals affirmed.

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