The S. S. Samovar

Libelant, a longshoreman, filed his libel in rem and personam against the steamship Samovar, the Permanente Metals Corporation, as builder, and the United States of America, as owner, seeking damages for injuries suffered while engaged in stevedoring work aboard the vessel.

A claim to compensation under the Longshoremen’s and Harbor Workers’ Compensation Act, 33 U.S.C.A. § 901 et seq., was also filed by libelant, but he has elected, pursuant to § 33 of that Act, 33 U.S.C.A. § 933 , to proceed against third persons.

Following issuance of process and seizure of the Samovar, libelant filed his first amended libel in rem and personam alleging in substance that his injuries proximately resulted from negligent construction o‘f the vessel, which caused a “pad eye” welded to the after-end bulkhead of No. 2 hatch to carry away with attached gear and strike the libelant on the head, arm and body.

For a second cause of action libelant alleges that a proximate cause of his inj uries was the maintenance and operation of the vessel and its gear in an unsea-worthy condition in the particulars just described. A third cause of action charges that libelant’s injuries proximately resulted from…