Harold Yanow v. Weyerhaeuser Steamship Company, a Corporation

This case was transferred from the Circuit Court of the State of Oregon, County of Multnomah, to the United States District Court for the State of Oregon on the verified petition of the Weyerhaeuser Steamship Company, of which we take judicial notice, alleging as follows:

Plaintiff Yanow appeared and moved for a jury trial thereby accepting as true the allegations creating the diversity jurisdiction.

He appeals from a judgment in which the verdict held the steamship company not to be liable for injuries he alleged he received by slipping on grease on the deck of the steamship company’s steamship, the W. H. Peabody. He complied with Fed.Rules Civ.Proc. rule 75(d), 28 U.S.C.A., in stating his points on appeal.

The evidence shows that Yanow was working as a longshoreman at Coos Bay, Oregon, on August 1, .1954, aboard appellee’s vessel the W. H. Peabody, a 10,000 ton Liberty Ship. The gang he was working with was engaged in stowing the deck load of lumber at No. 2 hatch. This involved moving loads of lumber on rollers into position where the men were working to build up the level of the “floor”. A load of lumber had just been landed and appellant needed a peavey to facilitate his…