COXE, District Judge.
This is a suit for alleged wrongful death of Frank J. Batkiewicz who lost his life at sea by jumping overboard on June 30, 1941, while a passenger on the S. S Robin Locksley, a vessel owned and operated by the respondent.
The libel alleges that the death was caused by the negligence of the captain and officers of the vessel in failing to protect or guard the deceased after knowledge that he was in a "mentally deficient" condition.
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