Luehr

Appellee Luehr, an employee of appel-lee Jones Stevedoring Company, brought suit against the United States under the Public Vessels’ Act, 46 U.S.C.A. § 781 et seq., to recover damages in consequence of a personal injury sustained on board the USNS Shawnee Trail while a deck cargo of jet planes was in process of being loaded on the vessel. The United States, pursuant to Admiralty Rule 56, 28 U.S.C.A., impleaded Jones Steve-doring Company asking recovery from it of amounts for which the government might be found liable to Luehr, inasmuch as the stevedoring contract between the government and Jones provided that the latter shall hold the government harmless from liability for bodily injury to or death of persons occasioned either in whole or in part by the negligence or fault of Jones, its agents or employees, in the performance of work under the contract. The appeal is from a final decree against the United States in favor of Luehr and from a decree dismissing Jones from liability.

At the time of Luehr’s injury the stevedoring work on board the Shawnee Trail was being performed by Jones. In the process of the loading operations the plane fuselages, minus engine and wheels, were…