Albina Engine & MacHine Works, Inc., a Corporation v. American Mail Line, Ltd., a Corporation

At Portland in the Willamette River on April 7, 1955, during fire drill on ap-pellee’s ship, the Java Mail, a lifeboat's-pelican hook became disconnected from the link on the falls lowering the boat. Thus, the lifeboat, out of control, plunged to the river injuring two seamen of the ship’s crew. The accident was caused by the point of the hook in the lifeboat being worn short or because of inadequate, defective or out of repair guards on the hook which permitted the link to become disengaged. Asserting diversity of citizenship and the requisite amount in controversy, American Mail sought and obtained judgment of the district court full indemnity from Albina, a ship repair company, for the amounts it had to pay the seamen, as well as damage to the lifeboat.'

At the time in question the Java Mail was in port for its annual inspection and tests requited by the United States Coast Guard. The tests are made either by a Coast Guard officer or in his presence to his satisfaction.

Albina, under contract, was doing various work on the Java Mail. The weight test for the lifeboats was not in the original undertaking, but was an addition thereto. The weight test was commonly performed by…