Pope & Talbot, Inc., a Corporation v. Jack v. Cordray

This is an appeal by appellant Pope & Talbot, Inc., (defendant below) from a judgment against appellant in the sum of $28,750 and in favor of Jack Y. Cordray, appellee herein and plaintiff below. The judgment was entered after a jury verdict in favor of appellee.

The action was originally commenced in the Superior Court of the State of Washington for King County and was removed to the United States District Court, Western District of Washington, Northern Division, by reason of the diversity of citizenship of the parties and the amount in controversy being in excess of $3,000. Jurisdiction in the District Court is based upon Title 28 U.S. Code, Section 1332 and Section 1441, and jurisdiction in this court is based upon Title 28 U.S.Code, Section 1291.

The facts show that the S.S. P & T Adventurer was owned by appellant and that Cordray was injured while this ship was at a dock in the port of Seattle and was engaged in discharging its cargo. The shipowner had contracts with two stevedoring companies in the cargo operation. The contract with one, the Seattle Stevedore Co., covered the operations pertaining to the discharge of cargo from the ship’s hold to the ship’s side at Pier…