Fox v. The SS Moremacwind, 8198.
| Decision Date | 27 December 1960 |
| Docket Number | No. 8198.,8198. |
| Citation | 1961 AMC 617,285 F.2d 222 |
| Parties | Allen S. FOX, Libellant, Appellant, v. THE S.S. MOREMACWIND, her boats, tackle, etc., in rem, Respondent, and Moore-McCormack Lines, Incorporated, as owners, operators, etc., in personam, Respondent and Third-Party Petitioner, and Waterfront Ship Service Corporation, Third-Party Respondent, Appellees. |
| Court | U.S. Court of Appeals — Fourth Circuit |
Sidney H. Kelsey, Norfolk, Va., for appellant.
Harry E. McCoy, Norfolk, Va. (Seawell, McCoy, Winston & Dalton, Norfolk, Va., on the brief) for appellee Moore-McCormack Lines, Inc.
Roy L. Sykes, Norfolk, Va. (Jett, Sykes & Coupland, Norfolk, Va., on the brief) for appellee Waterfront Ship Service Corp.
Before SOBELOFF, Chief Judge, and HAYNSWORTH and BOREMAN, Circuit Judges.
This appeal from the District Court for the Eastern District of Virginia is by Allen S. Fox, who had filed a libel for personal injuries against the vessel, SS Moremacwind. The District Court found that Fox's loss of three fingers while doing work as a carpenter employed by Waterfront Ship Service Corporation on respondent's vessel was not a result of any unseaworthy condition, and dismissed the libel.
The vessel was about to take on a load of coal, and the Waterfront Ship Service Corporation was engaged by the owners to construct protective covers to fit over the metal covers of the deep-tanks, over which the coal was to be stowed. The carpenters were to build wooden frames around the coming of the ship's deep-tanks. They were then to fit covers made of rough dunnage over the tank covers and nail them to the frames. In this way the metal covers would be protected from damage when the coal later was to be removed from the vessel by grab-buckets or clam-shells. Another purpose of constructing and installing these wooden covers was to provide additional protection against the seepage of coal dust into the tanks.
On September 10, 1957, Fox was brought aboard the SS Moremacwind for the purpose of trimming off excess lengths of rough dunnage which extended beyond the frame to which they had been nailed. To accomplish the job Fox's employer furnished him an electrically powered hand saw. It has a circular blade, the upper half of which is shielded by a stationary metal covering. Over the lower portion of the blade is a retractable shield which rotates in a circular motion, and is designed to protect the operator from the spinning blade when the saw is not actually cutting wood. Earlier on the morning of Fox's injury, a small metal stop-bolt or guard-bolt on the saw had broken off. The function of this bolt was to keep the lower blade guard from closing completely. Thus, with the bolt in place, a small opening between the lower and upper guard would remain and a portion of the blade exposed. The operator could begin a cut without manually retracting the lower guard to expose the cutting edge of the blade. As the saw is pushed forward the guard automatically retracts under pressure of the saw against the wood.
Fox started his job of trimming the excess lengths of dunnage. As he proceeded, the saw encountered a nail in the line of cut and Fox withdrew the saw. After the nail had been removed Fox...
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