Joe Freitas v. Pacific-Atlantic Steamship Company, a Corporation, and Marine Terminals Corporation

Appellant sued for damages for personal injuries allegedly caused by the unseaworthiness of appellee’s Victory ship, the SS Montana. A jury was empaneled to hear the case. Upon the conclusion of appellant’s proof the trial court granted appellee's motion for a dismissal, and judgment was entered thereon. Thus the primary question be fore us is whether there was evidence of unseaworthiness requiring submission of the issue.

At the time of the accident the Montana was being unloaded by an independent stevedoring firm, namely Marine Terminals Corporation. Appellant was one of the group of stevedores employed by Marine Terminals in the discharge of the ship’s cargo. The preliminary arrangements of the ship’s gear essential to the discharge, including the removal of hatch covers and strongbacks at the appropriate deck level, were made by the stevedoring gang. The hatches through which the unloading was carried on were covered with hatch boards when closed. Large steel strongbacks supported the hatch boards. Strongbacks rest in vertical slots on the hatch combings, and those on the Montana were secured in their slots by a ratchet-type lock at each end.

In preparation for the removal…