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Intestate was drowned while employed as a mate on D's steam trawler. On December 21, 1916, the vessel left for fishing banks of Massachusetts. Intestate came on deck at six o'clock to stand his watch. As he did so, the vessel rolled, and he was thrown overboard. No cry was heard, and no clothing was seen floating on the water and Intestate was not seen by anyone. P sued alleging that the boat which was lowered to pick up intestate should have been suspended from davits instead of lashed to the deck and that it should have had two oars instead of one. Judgment was ordered for D. P appealed.

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