Continental Fire And Casualty Insurance Company v. J. J. O'leary

236 F.2d 282 CONTINENTAL FIRE AND CASUALTY INSURANCE COMPANY, and Clarence L. Caldwell, Appellants, v. J. J. O'LEARY, Deputy Commissioner, Fourteenth Compensation District, Under the Longshoremen's and Harbor Workers' Compensation Act, and Employers' Mutual Casualty Co. of Des Moines, Appellees. No. 14921. United States Court of Appeals Ninth Circuit. Aug. 27, 1956. Roy E. Jackson, Torlief P. Ulvestad, Seattle, Wash., for appellant. Charles P. Moriarty, U.S. Atty., Richard F. Broz, Asst. U.S. Atty., Seattle, Wash., Stuart Rothman, Sol., Dept. of Labor, Herbert P. Miller, Ward E. Boote, Attys., Dept. of Labor, Washington, D.C., for appellees. Before ORR and CHAMBERS, Circuit Judges, and TOLIN, District Judge. ORR, Circuit Judge. 1 Appellant Caldwell was injured on May 30, 1951 while working aboard the S.S. Seafair, a vessel owned and operated by Coastwise Lines, Inc. At the time of the injury the vessel was discharging freight at Seward, Alaska. 2 The freight being handled by appellant and others consisted of plasterboard packed in rather large bundles, and appellant was attempting to pry one of the bundles into a certain position when the peavy with which he was working slipped.…