Eldred A. Reynolds v. Royal Mail Lines, Limited, a Corporation, and Associated-Banning Company, a Corporation

Plaintiff filed this action in the United States District Court, Southern District of California, Central Division, alleging that he received injuries while he was employed as a longshoreman by Associated-Banning Company, a corporation, (hereafter Associated), on board the vessel S. S. Loch Gowan in the Los Angeles Harbor area. The vessel was owned by Royal Mail Lines, Ltd., one of Appellees herein (hereafter Royal).

The complaint, invoking the jurisdiction of the Court upon the ground of diversity of citizenship, 28 U.S.C. § 1332 , was in two counts. The first count alleged that his injuries occurred by reason of the negligence of Royal in failing to provide plaintiff with a safe, proper and seaworthy place in which to work, and in negligently failing to maintain, control, operate and keep said vessel, its equipment, gear and appliances in a safe, proper and seaworthy condition. The second count alleged that plaintiff’s injuries occurred by reason of the failure of Royal to provide him with a seaworthy vessel.

Prior to trial Appellee Royal brought a third party action against Appellee Associated alleging that if the vessel was unseaworthy, such unseaworthiness was caused by…