Menefee

This is an appeal from a -decree awarding damages for an injury to appellant’s leg caused on January 23, 1947, while removing a large coiled hawser attached to the bulwark near the stern of the S.S. Robert Parrott. We held the vessel negligent in not stowing the hawser elsewhere in safety before sailing on a winter voyage from Puget Sound to the Orient over a northern sailing circuit when the usual winter storms -made it a threat to entanglement with the vessel’s propellers if the expected heavy seas should tear it loose. The anticipated weather was encountered, the uncontra.dicted testimony showing stormy days culminating in seas washing the deck at the time appellant was ordered to assist in removing the hawser. See Menefee v. W. R. Chamberlin Co., 9 Cir., 176 F.2d 828 .

Appellant was badly battered against the ship’s structure and carried to his bunk, in ■which he remained for a week. The injuries were to the left leg and his back which had two heavy welts. That to the leg consisted in a crushing of the arteries causing internal bleeding which an Army doctor diagnosed as causing a poisoning throughout-his system. He was on crutches for some weeks and later did light work as an…

(dissenting).

On the first appeal we held appellee negligent and remanded the case to the trial court for it to determine the amount of, damages. The case was then argued and submitted to the trial court upon the evidence taken at the original trial. ■ That court, upon considering the evidence and arguments of counsel, fixed the amount of damages at $750.00. This court sees fit to reject that finding and to increase the award, to $2,500.00. In so doing my brethren have accepted in toto Menefee’s uncorroborated and, to my mind, rather improbable story of the extent and duration of his sufferings. They have, contrary to the usual rule on appeal, stated the facts in the light most favorable to appellant and have given no weight whatever to the finding of the court below.

The trial court characterized Menefee’s injury as a flesh injury not likely to be seriously disabling for any length of time. Obviously it rejected or discounted most of his testimony concerning the extent and duration of his injury. Clearly it had the right to do so. Menefee, as libelant, was an interested witness in every sense of the term. He stood to gain financially in direct pror portion to the extent to…

183 F.2d 720 MENEFEE, v. W. R. CHAMBERLIN CO. No. 12432. United States Court of Appeals Ninth Circuit. June 21, 1950. J. Duane Vance, Bassett & Geisness, Seattle, Wash., for appellant. Bogle, Bogle & Gates, Ed. W. Franklin, Seattle, Wash., for appellee. Before DENMAN, Chief Judge, and BONE and ORR, Circuit Judges. DENMAN, Chief Judge. 1 This is an appeal from a decree awarding damages for an injury to appellant's leg caused on January 23, 1947, while removing a large coiled hawser attached to the bulwark near the stern of the S.S. Robert Parrott. We held the vessel negligent in not stowing the hawser elsewhere in safety before sailing on a winter voyage from Puget Sound to the Orient over a northern sailing circuit when the usual winter storms made it a threat to entanglement with the vessel's propellers if the expected heavy seas should tear it loose. The anticipated weather was encountered, the uncontradicted testimony showing stormy days culminating in seas washing the deck at the time appellant was ordered to assist in removing the hawser. See Menefee v. W. R. Chamberlin Co., 9 Cir., 176 F.2d 828 . 2 Appellant was badly battered against the ship's structure and carried…