THE CRICKET
| Decision Date | 31 May 1934 |
| Docket Number | No. 7212.,7212. |
| Parties | THE CRICKET. PETERSON v. CRICKET SHIPPING CO. |
| Court | U.S. Court of Appeals — Ninth Circuit |
S. T. Hogevoll, of San Francisco, Cal., for appellant.
John H. Black and James M. Wallace, both of San Francisco, Cal., for appellee.
Before WILBUR, SAWTELLE, and GARRECHT, Circuit Judges.
On January 26, 1932, the steamship Cricket was crossing the bar at Gray's Harbor, Washington, bound for the city of Aberdeen in that state. A huge wave swept over the stern of the ship, breaking forward. It struck with such force as to sweep over, not only the poop deck, but the boat deck above and the wash reached even to the bridge. The railing on the boat deck, made of one-inch galvanized iron pipe, was carried away, as were several heavy vegetable crates on the boat deck. An anchor weighing over four hundred pounds was torn loose from its lashings on the poop deck and moved several feet. A ladder made of the same material as the railing above described extended from the poop deck to the boat deck on the starboard side of the vessel. This ladder was constructed of pieces of one-inch galvanized iron pipe and tee fittings. It was approximately eight feet long and there were six or eight steps or cross pieces. It was affixed top and bottom by flanges, into which the vertical pipes were screwed. Each of the two lower flanges was bolted to the poop deck by means of four bolts, while the two upper flanges were bolted to the deck beams with two five-eighths inch bolts each.
Appellant and another seaman were on the first or poop deck when they became aware of their danger. Both ran for the ladder, the other seaman getting there first and scrambling to safety. As appellant mounted this ladder the wave struck with such force that the ladder was sheared from all four of its fastenings. Appellant was washed against the railing of the lower deck. Peculiarly enough, the bolts affixing the ladder to the deck, at either end, were not even loosened; the vertical pieces of pipe were sheared off even with the flanges.
Peterson filed a libel against the steamship Cricket, alleging the ladder to be defective and that by reason thereof he sustained a fractured hip in his fall to the deck and double pneumonia by reason of immersion; further, that he is unable to follow his usual occupation as seaman, because of such injury. Damages were asked in the sum of $5,000, together with maintenance. The Cricket Shipping Company claimed and answered, denying duty, negligence, and injury. It alleged contributory negligence and assumption of risk, as well as seaworthiness of the vessel. Further, it pleaded an unqualified release and discharge in writing, signed by libelant.
The District Court found the facts to be substantially as above set forth and also found that the ladder was properly constructed of iron pipe and securely affixed at both the upper and lower ends and that the vessel was in all respects seaworthy and adequate for intended use prior to the accident. Further, that appellant's injuries were not caused by unseaworthiness or defect in the vessel or equipment. The court also found that libelant had received the sum of $100 from libelee and executed a release therefor and that he had subsequently resumed work and followed his calling.
The court concluded that the libelant was not entitled to damages or to any award for wages or maintenance and decree was entered dismissing the libel. The appeal is taken from this decree.
The general maritime law in cases of injuries suffered by seamen is well stated by Mr. Justice Brown in The Osceola, 189 U. S. 158, 175, 23 S. Ct. 483, 487, 47 L. Ed. 760, as follows:
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