Royal Mail Lines, Ltd. v. Joseph Peck and Associated-Banning Company, a Corporation

Peck commenced action against Royal Mail Lines, Ltd., for personal injuries received aboard the M.S. Parima, claimed to result from the negligence of Royal Mail and the unseaworthiness of the M.S. Parima, and demanded jury trial. Royal Mail impleaded and sought indemnity from Associated-Banning Company, the stevedore by whom Peck was employed. It was stipulated that, as between Peck and Royal Mail, all appropriate issues should be submitted to a jury. It was further agreed that questions of fact and law relating to unseaworthiness should be determined by the court and all issues between Royal Mail and Associated should also be decided by the court.

The jury found a verdict for Peck against Royal Mail. Thereupon, the trial court entered findings of fact to the effect that the Parima was unseaworthy in that a topping lift was not properly secured, that Associated did not create the unseaworthy condition, and that negligence on the part of Royal Mail in failing to provide a reasonably safe place to work was the proximate cause of the injuries to Peck. It was concluded Associated did not violate any contractual or consensual obligation it owed to Royal Mail and was not required to…