Gillis

This action arose out of a libel in rem filed against the M.S. “The Winnipeg.” The above named owner appeared in the action and claimed the ship. Appellant’s claim against the ship was for injuries sustained by him while engaged in loading the vessel.

Though this court has been furnished with no transcript of the evidence in the cause, it can be gathered from the briefs and the documents in the record filed herein that appellant, a longshoreman, was employed from September 9 to September 10, 1950, by the Oregon Stevedoring Company to load a quantity of fruit aboard “The Winnipeg” from a wharf in Portland, Oregon. Appellant was a “hatch-tender” whose task it was to direct the operator of the winch in lowering the fruit into the hatches of the vessel. “The Winnipeg” was carrying a cargo of fir logs lashed in a single tier to her main deck. The 'logs covered the entire deck from both sides of the hatches to the rails.

To direct the winch operator it was necessary for appellant to walk from the hatches across the logs to the rail adjoining the dock. While so engaged at night the appellant slipped and fell into the space between the logs and the hatch coaming and was injured.…