United States Lines Co. v. Cummings

The SS. Princeton Victory, being operated under a bare boat charter by United States Lines Company, a New Jersey corporation, defendant-appellant, doing business in California, put into Los Angeles harbor April 18, 1948. She requested the port to furnish a pilot and in response Captain William J. Cummings, a pilot, plaintiff-appellee was sent on this mission aboard a motor launch which was owned and operated by the City of Los Angeles. While attempting to board the ship the pilot was injured. He brought suit in the United States District Court and the court found for him and awarded substantial damages with costs. The defendant appeals, contending that the evidence does not support the findings of fact and judgment, and that the accident and injury resulted from plaintiff’s own negligence.

The case was tried by the court without a jury and the uncontroverted evidence is that the weather was clear, a breeze of from three to seven miles per hour was blowing from the southwest; ground swells, estimated to be from two to four and one-half feet high were running. The launch drew alongside the ship which had heaved-to on a northerly heading. As the launch drew alongside the ship a…