O'Leary

This case involves an award under the Longshoremen’s and Harbor Workers’ Compensation Act of benefits on account of the accidental death of one Clayton May. May’s employers (appellees here) sued in the court below to set aside the compensation order. The court tried the case de novo and directed a vacation of the award.

The claim for benefits under the Act was made by Louella May. The deputy commissioner after a hearing made findings as follows: That Clayton May, husband of Louella, was employed by appellees as a truck driver; that on February 9, 1948 he was instructed by his foreman to assist the latter in unloading sand from a barge afloat in the Columbia River and moored at the employer’s dock ; that in order to board the barge it was necessary for the deceased to follow a path leading to the waters edge and that in following the path May left footprints in the snow; that after boarding the barge May assisted the foreman in taking up slack in the lines, after which he proceeded to shovel sand from the corners of the barge so that the foreman, who was operating the crane, could pick up the sand in the clam shovel; that while engaged in unloading sand from the barge May was…