Furness, Withy & Co., Ltd., Owner and Operator of the Steamship the Pacific Stronghold, Her Boiler, Engine, Etc. v. William Carter

Good Law
281 F.2d 264·1 A.L.R. 3d 636·1960 U.S. App. LEXIS 4044
United States Court of Appeals for the Ninth CircuitJuly 11, 196016623California1,455 words

Opinion

Opinion

Bone, J.

The S. S. Pacific Stronghold and her owner, Furness, Withy & Co. were libeled by appellee Carter as a result of injuries which he suffered while working aboard the ship as an employee of an independent stevedoring outfit. The accident occurred while Carter was operating a device known as a MacGregor Patent Steel Hatch Cover, five, half-ton sections of insulated steel plate, which in the instant case was used to cover the No. 4 hatch of the Pacific Stronghold. To open and close the hatch, the hatch cover sections are rolled from and to their closed position upon trolley wheels, four of which are fastened to each section. To maneuver the wheels into rolling position it is necessary to insert a three foot long bar into a groove on each wheel and rotate the bar through an arc of 180 degrees by manual force. The force exerted on the bar acts by leverage to turn the wheel. As it turns, the wheel, operating on the principle of the off-center or eccentrically mounted axle, lifts the section (hatch cover) from its grounded position to a height of one-half inch. The wheel is then locked so that the eccentric mounting will no longer cause the hatch cover to rise and fall as the wheel turns.…

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