Seaboard Stevedoring Corporation v. Sagadahoc SS Co.
| Decision Date | 20 May 1929 |
| Docket Number | No. 5543.,5543. |
| Citation | 32 F.2d 886 |
| Parties | SEABOARD STEVEDORING CORPORATION v. SAGADAHOC S. S. CO. |
| Court | U.S. Court of Appeals — Ninth Circuit |
J. Hampton Hoge and Lillick, Olson & Graham, all of San Francisco, Cal. (Joseph J. Geary and John C. McHose, both of San Francisco, Cal., of counsel), for appellant.
Erskine Wood (of Wood, Montague & Matthiessen), of Portland, Or., and Joseph B. McKeon (of McCutchen, Olney, Mannon & Green), of San Francisco, Cal., for appellee.
Before RUDKIN, DIETRICH, and WILBUR, Circuit Judges.
By the decree appealed from, the appellee, a shipowner, recovered from the appellant, a stevedoring company at San Francisco, the amount which it had under a prior decree been compelled to pay to one Freshley as damages suffered by him while employed in stevedoring appellee's ship and found by the court below to have resulted from appellant's fault in failing to put in place a hatch cover. The following facts are uncontroverted: The Sagadahoc sailed from New York with a cargo of steel for Pacific Coast ports. At San Francisco she was stevedored by appellant, her regular stevedore at that point. Upon discharging the cargo out of No. 2 lower hold, appellant covered the 'tween deck hatch, and after discharging a consignment of woven wire stowed a quantity of thin steel sheets on the after section thereof; the sheets being 3 feet wide and 6 or 8 feet long. This after section is about 4½ feet wide and is covered by means of boards of about that length and from 18 to 24 inches in width, running fore and aft, and when properly placed resting at either end upon a flange and abutting the shoulder of the king beam. With the hatch so concealed by the sheet steel the vessel proceeded to Portland, Or., where she was turned over to a local stevedoring company for unloading. Employed by that company, Freshley, with his partner Walser, was unloading the steel sheets. One at each end, they picked up a sheet and threw it on a cargo tray which when loaded was hoisted out of the hatch. It was nighttime and Freshley worked at the after end of the hatch. As the two men picked up the bottom sheet and moved forward with it, Freshley stepped on the after end of one of the cover boards, it gave way, and with it he fell into the hold, suffering severe injury. For the injury he brought suit against the appellee in the admiralty court at Portland and recovered. In that suit appellee was unable to implead the appellant and was also...
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