Louis L. Maiden v. United States

This is an appeal from a judgment in favor of the United States in a suit in admiralty for personal injuries sustained by appellant, a seaman.

The steamship Loma Victory was a merchant vessel operated by the government in the carriage of war materials, including planes fastened to the deck. On January 2, 1953, she departed San Francisco for Saigon. The evidence is that from that date until the 9th of January, when the accident in question occurred, the vessel had encountered strong winds and heavy seas. By direction of the Captain all hands were ordered to keep off the decks unless expressly permitted to do otherwise. The storms caused breakage of concrete at the hawsepipe near the bow of the ship, and attempts were made to repair the breakage. Inspection of the hawsepipe was necessary twice daily. There was expert testimony to the effect that such inspection was essential in the circumstances, irrespective of the concrete breakage.

Appellant was a bo’sun of the ship. On January 9th he was informed by the chief mate that an inspection of the deck should be made at 4 P.M. The chief mate generally accompanied such inspections, especially during rough weather. Appellant and a…