Johnson Line, a Corporation v. Shaun Maloney
Opinion
Opinion
Healy, J.
This is an appeal from a decree in admiralty awarding appellee the sum of $22,300 and costs for injuries suffered while in the course of his employment as a longshoreman aboard the SS Golden Gate, a merchant vessel owned and operated by appellant.
But two questions are raised on the appeal, and these are quite narrow. One is whether or not, under the evidence, the trial court erred in refusing to apply to the case the so-called “rule of transitory unseaworthiness,” otherwise known as the Cookingham doctrine. The other contention is that the damages awarded are excessive.
The accident occurred June 23, 1953, while the Golden Gate was at a dock in Seattle, Washington. Prior to coming to Seattle wheat had been loaded on the vessel at Tacoma. The W. R. Grace Company, the concern which was to do the stevedoring at Seattle, had also done the work of loading the wheat at Tacoma, Grace being under contract with appellant. Appellee was hired by the Grace Company at Seattle as one of the gang of longshoremen to work aboard the vessel there. He did not know where the Golden Gate had come from except that it had come from the sea.