William Berryhill v. Pacific Far East Line, Inc., a Corporation

Appellant sues for personal injuries sustained when a grinding wheel, owned and furnished by appellant’s employer, Todd Shipyards Corporation, shattered or disintegrated while the S. S. “Flying Dragon”, owned by appellee, was docked for repairs. These repairs were performed under contract made between the appellee shipowner and the Todd Shipyards Corporation. The grinding wheel had been attached to a portable grinding machine or tool, owned and furnished by Todd. Repairs were being made on the “shaft keyway” of the ship.

Appellant’s complaint and the interrogatories filed show that the grinding wheel was alleged to have been unseaworthy. Appellee’s motion for judgment on the pleadings was granted. This appeal followed.

Appellant relies on the theory expressed in Seas Shipping Co. v. Sieracki, 1946, 328 U.S. 85 , 66 S.Ct. 872 , 90 L.Ed. 1099 , and subsequent cases hereinafter discussed. In the Sieracki case, a shore-side worker, (a stevedore), was held covered by the shipowner’s absolute liability for breach of warranty of seaworthiness.

In that case the latent defect was in the ship’s shackle which supported the ship’s boom. The person injured was loading cargo aboard the ship;…