United States v. Rothschild International Stevedoring Co.

Judgment went against the United States and in favor of Dillon for compensatory damages for injuries sustained while working as a stevedore on a ship operated by the United States. Longshoremen’s and Harbor Workers’ Act, 33 U.S.C.A. § 933 , and Suits in Admiralty Act, 46 U.S.C.A. § 742 et seq., The court dismissed the action against Rothschild International Stevedoring Company. The United States appeals, claiming that the United States should be granted full indemnity over or in the alternative judgment against Rothschild for contribution.

The sole question here is which party or parties were responsible proximately for the accident causing' the injury.

Part of the evidence was by deposition and part by testimony in open court. We have applied the rule that due regard be accorded the fact that the trial court had the benefit of observing and hearing witnesses. For collection of authorities see Smyth, C.I.R., v. Barneson, 9 Cir., 1950, 181 F.2d 143 ; Blake v. W. R. Chamberlin & Co., 9 Cir., 1949, 176 F.2d 511 .

Dillon was standing in the tween deck of the No. 1 Hold, was in the act of guiding a strong-back into the slot provided as a resting place for the strong-back on the port…