POPE, Circuit Judge.
The appellant, libelant below, was a longshoreman employed by Matson Terminals Company, a stevedore, and was working in the hold of a vessel owned and operated by the appellee when he received certain injuries. He brought this suit against the appellee to recover for such injuries, asserting his rights under the general maritime law. The case was submitted to the district court upon a stipulation of facts which read as follows:
"It is hereby agreed by and between EDDIE HUFF, libelant herein, and MATSON NAVIGATION COMPANY, respondent herein, through their respective proctors, that the issue of negligence and the issue as to whether the doctrine of unseaworthiness extends to the land-based crane and its appurtenances referred to in the above-captioned cause may be submitted to and decided by the Honorable Lloyd H. Burke, sitting in Admiralty, without a jury, on the statement of facts, hereby stipulated to by the parties, set forth below.
"It is further agreed that if the Court finds in favor of the respondent on both of the aforesaid issues that a final decree and judgment, with costs, may be entered in favor of respondent, without further proceedings. If the Court should find in favor of the libelant on either of the aforesaid issues, the matter will be set for trial on the remaining issues at a time convenient to the Court and the parties.
"Libelant is a fifty-three year old longshoreman who has been so employed since 1944. He is a member of Local 10 of the International Longshoremen\'s and Warehousemen\'s Union and is assigned work with various stevedoring employers through that union.
"On June 14, 1960, libelant, along with other members of Gang 28, was dispatched from the union to work at Crockett, California, as an employee of a stevedoring contractor, Matson Terminals, Inc. ("Stevedore"). The work at Crockett involved the discharging of bulk sugar from the SS HAWAIIAN TRADER, a vessel owned and operated by respondent. Libelant, as well as other members of Gang 28, was familiar with the operation at Crockett, since he had been performing that work at least twice a month over a period of ten years. Libelant arrived at Crockett at about 5:00 o\'clock in the afternoon of June 4, 1960, and proceeded to the vicinity of the No. 4 hatch of the vessel where he commenced performing duties of his regular occupation as longshoreman.
"The longshoring operation at Crockett is relatively simple and is accomplished through the use of four large gantry-type cranes which are an integral part of the sugar refinery of the California and Hawaiian Sugar Refining Corporation, Limited and are permanently attached to the shore. (Exhibit A).* These cranes are never found on ships as a regular part of ship\'s gear. They move up and down tracks which are on a pier owned by and adjacent to the sugar refinery.
"As an integral part of each crane is a long `leg\' in which is contained a conveyor system consisting of small scoops and a long belt. The crane moves along the track to a location opposite one of the ship\'s holds and the leg is positioned in the open hatch (Exhibit B). Electricity for the operation of the crane is secured dockside and not from the ship itself. Through the use of the conveyor system, the sugar is scooped out of the hold and transported on a conveyor belt (Exhibit C) into the sugar refinery where it is dumped into large containers (Exhibit D). When the operation is completed, the crane is returned to its original position. The crane is not required for the navigation of the ship and is not necessary for the ship to function as a maritime vessel.
"At no time is the leg itself or the gantry ever physically attached to the ship nor do they come into contact with any part of the ship or its appurtenances. None of the ship\'s gear is used to move or position the crane nor is any of the ship\'s gear or appurtenances involved in any way in the unloading process. In the initial stage of the operation, the leg removes the sugar through the process of merely burrowing down into the hatch (Exhibit E), as the sugar falls toward the center. Later on, it is necessary to rig falls to which are attached scrapers which drag the sugar to conveyors located in the leg. These falls are run through blocks which are attached to the sides of the hold solely for the sake of convenience. The scrapers, falls and blocks, are component parts of, and attached to, the crane. The scrapers and the falls are also operated by shoreside power. The movement of these scrapers is remotely controlled by a button box which is operated by one of the longshoremen who sits either on deck or in the hold (Exhibit F). There are two handles, one on each end of the box, which control the movement of the scraper. Pushing the handle on the right side of the box away from the operator causes the scraper to be hauled back from the leg to the right side of the hold; and conversely with the other handle. Pulling either handle toward the operator causes the scraper to move toward the leg.
"There is constant tension on all of the falls and in order to obtain slack it is necessary to release this tension by pressing a button which is located on top of the handle on the right side of the button box. However, all operators have been instructed that it is mandatory to turn off the power operating the scraper, before slack is to be obtained on the falls, or before the button box is left unattended. In addition, the following legend is legibly attached to all of the button boxes:
CAUTION
"`Shut off motor when pulling wire or when box is left unattended.
WORK SAFELY\'
"The reason for shutting off the power when there is necessity to obtain slack is to preclude the operator, or anyone else, from inadvertently causing the scraper to move by actuating the handle as the button is depressed.
"When libelant arrived at work, the crane and the scrapers were in position, as the longshoreman on the day shift had already discharged the upper hold and started on the lower hold. The operation was uneventful until 8:30 o\'clock P.M. At that time, one of the falls attached to the scraper broke and it was necessary to reattach the fall to the scraper. This was libelant\'s job and to accomplish it he needed to obtain slack on the fall so that he could pull it up to the scraper. He requested Mr. Collier, a fellow-longshoreman who was operating the button box and was down in the hold with libelant, to `give me some slack.\' As he asked Mr. Collier for slack, the scraper started moving toward the libelant and hit him.
"The only persons who participate in the unloading of the ship are the longshoremen. None of the ship\'s crew was aboard the vessel during the unloading process and they did not participate in any way. All of the longshoring operations were being directed by and exclusively done by longshoremen in the employ of the Stevedore and none of the loading operations in question were under the control, supervision or direction of the officers, owners, or any member of the crew of the SS HAWAIIAN TRADER. Respondent had no control over the choice of the crane and no authority in the direction of its use."1
The trial court made findings of fact with conclusions to the effect that the respondent shipowning company was not chargeable with any negligence contributing to the injuries of the libelant; that the vessel was at all times seaworthy; and that the respondent was entitled to judgment. The court filed an opinion in which, after reciting that there was no basis for a finding of negligence, it made the following statement: "There is no question that a longshoreman is afforded the benefits of the doctrine of unseaworthiness when `he is doing a seaman's work and incurring a seaman's hazards.' Seas Shipping Co. v. Sieracki, 328 U.S. 85, 99, 66 S.Ct. 872, 880, 90 L.Ed. 1099 (1946). However, in the instant case, the longshoreman was not incurring the hazards of a seaman, in that none of the traditional unloading gear of the ship, namely winches, masts, or booms was being used in the operation in which he was engaged. McKnight, supra McKnight v. N. M. Paterson & Sons, Ltd., D.C., 181 F.Supp. 434, affirmed 6 Cir., 286 F.2d 250, cert. den. 368 U.S. 913, 82 S.Ct. 189, 7 L.Ed.2d 130. The cause of the injury to the libelant cannot be attributed to the vessel since the injury was caused solely by an alleged defect in the unloading device itself and not by any of the ship's gear or appurtenances." Decree was entered in respondent's favor and this appeal followed. We find no reason to disagree with the trial court's finding of no negligence on the part of the shipowner, Matson Navigation Company. However, on the question of whether or not liability may be predicated upon a claim of unseaworthiness, we disagree with the conclusion reached below.
The law generally applicable to cases of this character, in which the longshoreman engaged in the process of unloading or loading a ship receives injuries which he claims to be attributable to the unseaworthiness of the ship, has received extensive treatment in and is well settled by a series of decisions of the Supreme Court. These cases begin with Seas Shipping Co. v. Sieracki, 328 U.S. 85, 66 S.Ct. 872, 90 L.Ed. 1099, and continue through Gutierrez v. Waterman, 373 U.S. 206, 83 S.Ct. 1185, 10 L.Ed.2d 297. In Sieracki, the Court held that "the shipowner's obligation of seaworthiness extends to longshoreman injured while doing the ship's work aboard but employed by an independent stevedoring contractor whom the owner has hired to load or...
