Apodoca

Plaintiff longshoreman appeals from a summary judgment entered in favor of defendant charterer, respondent herein. On March 4,1959, while the vessel M. S. Samundar was unloading cargo at the Port of Oakland, a sling broke and caused wire bales to fall upon and injure appellant. The unloading operation was being conducted by Marine Terminals, Inc., which was an independent contractor and appellant’s employer. The sole business of the M.S. Samundar in the San Francisco Bay area was to discharge its cargo.

Electing to proceed against other than his employer, pursuant to the Longshoreman’s and Harbor Workers’ Compensation Act ( 33 U.S.C.A. §§ 901-905 ), appellant brought this action for damages for personal injuries against the owner of the vessel, Cia De Navegacione Del Plota, a corporation, and the charterer, herein sometimes referred to as “De Vries,” on the theory that they were negligent in the operation of the vessel and maintained it in an unseaworthy condition, No appearance herein has as yet been made by the owner. The respondent (charterer) filed a motion for summary judgment on the basis that it was a time charterer only and, therefore, was not liable for appellant’s…