William Dorn, Jr. v. Balfour, Guthrie & Co., Limited, a Corporation

The appellant, plaintiff below, sought to recover damages from the appellee for personal injuries while working as a longshoreman on board the SS Rimac while the ship was lying in port on San Francisco Bay. The Rimac was a Peruvian Naval vessel owned by the Republic of Peru. The appellee was the port agent of the Rimac. The injuries were alleged to have occurred when plaintiff, a winch operator, slipped and fell on oil which had collected on the deck where he worked.

The plaintiff’s theory was that the defendant, as port agent for the vessel, exercised joint control and joint responsibility with the owner of the vessel and its master and hence may be held liable for damages arising from negligent failure to furnish or maintain a safe place for longshoremen to work.

The evidence offered in support of the asserted claim that the defendant had joint control or management of the vessel disclosed that as port agent or “husbanding agent” the defendant cooperated with the master in giving him advice as to where he could berth his vessel when in port, giving him assistance in procuring stores and supplies needed for the vessel, and purchasing items required by the master. The court…