The West Ison
| Decision Date | 29 May 1924 |
| Docket Number | 8238. |
| Citation | 298 F. 939 |
| Parties | THE WEST ISON. v. UNITED STATES et al. FOUNTAIN |
| Court | U.S. District Court — Western District of Washington |
James R. Gates, of Seattle, Wash., for libelant.
Bronson Robinson & Jones, of Seattle, Wash., for the United States.
Theodore B. Bruener, of Aberdeen, Wash., for respondent Grays Harbor Stevedore Co.
The libelant seeks to recover for personal injuries sustained while a stevedore in the employ of the Grays Harbor Stevedore Company, a corporation, engaged in loading the ship West Ison, Lying in port at Aberdeen, Wash. The libel is brought against the United States, the owner, and the stevedore company.
Libelant was one of a gang engaged in loading the West Ison. The ship had been delivered to the stevedore company on arrival in port. The manhole covers to the hatches were down. The manholes leading to holds 4 and 5 are placed near each other. The covers of each manhole open over the other manhole. The libelant charges negligence, in that no permanent or fixed hooks or fastenings were attached to the manhole covers-- 'that in the absence of permanent fastenings attached to the covers and installed by the ship said covers could have been fastened in the exercise of ordinary care by means of a rope or some simple device.'
From the testimony it must be concluded that the covers to both manholes were raised and set 'back to back.' This placed the covers at an angle of approximately 65 degree or 70 degree, judging from the testimony. No wedges were placed nor were the covers fastened to the 'gooseneck' above by means of ropes, or secured in any fashion. The libelant did not know that these covers were not fastened, and in descending the ladder, his right hand being placed on the top edge of the manhole, one of the covers fell and crushed the ends of the fingers of said right hand. The two middle fingers were amputated just forward of the medial interphalangeal joint. The index finger was amputated near the first or distal interphalangeal joint. A small piece of bone was detached from the distal phalangeal bone of the little finger, and is now embedded in the fleshy part causing the libelant pain, and will require an operation to be relieved. There was rope upon the ship by which the covers could have been secured, and wedges could have been used to prevent the cover from falling upon the hand of libelant.
The duty of the ship ends when it furnishes to the stevedores a safe place in which to work and a safe passage thereto. The Saranac (D.C.) 132 Fed.at page 938; The Kongosan Maru (D.C.) 282 F. 666. Defective construction, however, invokes a different rule. The ship is charged with responsibility for furnishing covers for the manholes suitable for the purposes for which they are to be used, and is not absolved from the duty of reasonable care for the safety of a stevedore invited upon the ship. A stevedore, employed by a stevedore company with whom the ship has a contract to load cargo on the ship is there by invitation, and the ship must be reasonably sure not to invite such employee into danger. Bennett v. R.R Co., 102 U.S. 577, 26 L.Ed. 235.
In the instant case there was no faulty construction of the manhole or the cover. While the covers could have been made to open otherwise, such fact does not make the manner of construction faulty. The manholes were closed when the ship was delivered to the stevedore company. There was no hidden defect or danger. The ship was in a safe condition. It is the manner of use of the cover which invited danger. Used singly there was no danger, because the cover would lie flat on the other cover, but used together, in pairs, the covers resting 'back to back,' danger...
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