The Atna
Decision Date | 31 March 1924 |
Docket Number | 4272. |
Parties | THE ATNA. |
Court | U.S. District Court — Western District of Washington |
J. M Phillips, of Aberdeen, Wash., for libelant.
Bogle Merritt & Bogle, of Seattle, Wash., for respondent.
James R. Gates, of Aberdeen, Wash., for intervening libelant.
It is alleged:
'That the officers of said ship knew that intervening libelant, and other members of the longshoring gang, would use said ladder to go on board and off board the vessel to and from their work; that the said officers of said vessel placed said ladder at said place for such purpose; that the ship and her officers and agents were negligent in this, to wit, that the ship's officers and agents failed and neglected to fasten in any manner the top of the ladder to the ship's rail by means of a rope or other device, contrary to the well-established custom and practice among seafaring men in said locality at said time, which custom and practice existed in said locality and should have been known by said officers and agents of the ship; that said ladder was defective and unseaworthy and unfit to be used for such purpose; that said defect was open and apparent; that the upright supporting portion of the ladder, in the region of where same broke, prior to placing same in use for said men, contained cracks and decay and knotholes which were open and apparent; that the officers of said ship knew, or in the exercise of ordinary care should have known, that said ladder was weak and defective and unsuitable for the purpose for which it was furnished.'
The question is, this being a suit in rem, whether the court has jurisdiction as a court of admiralty.
Claimant cites in support of its exception to the intervening libel Grant Smith-Porter Ship Co. v. Rohde, 257 U.S. 469, 42 Sup.Ct. 157, 66 L.Ed. 321, 25 A.L.R. 1008; The Plymouth, 3 Wall. 20, 18 L.Ed. 125; The H. S. Pickands (D.C.) 42 F. 239; Netherlands Am. Steam Nav. Co. v. Gallagher (C.C.A.) 282 F. 171; Hughes v. Alaska S.S. Co. (D.C.) 287 F. 427; Southern Pac. Co. v. Jensen, 244 U.S. 205, 37 Sup.Ct. 524, 61 L.Ed. 1086, L.R.A. 1918C, 451, Ann. Cas. 1917E, 900; The Haxby (D.C.) 95 F. 170; Rundell v. Campaigne Generale Transatlantique, 100 F. 657, 40 C.C.A. 625; Hoof v. Pac. Am. Fisheries (9 C.C.A.) 279 F. 367; Pac. Am. Fisheries v. Hoof (9 C.C.A.) 291 F. 306; Atl. Transport Co. of West Virginia v. Imbroveck, 234 U.S. 52, 34 Sup.Ct. 733, 58 L.Ed. 1208, 51 L.R.A. (N.S.) 1157; Lermond's Case, 122 Me. 319, 119 A. 864; The Albion (D.C.) 123 F. 189; Swayne & Hoyt, Inc., v. Barsch (C.C.A. 9) 226 F. 581, 141 C.C.A. 337; Gowanus Storage Co. v. U.S. shipping Board Emergency Fleet Corp. (D.C.) 271 F. 528; Herman v. Port Blakely Mill Co. (D.C.) 69 F. 646; The Mary Garrett (...
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