Oceanic Steamship Company v. Hans Randrup

Good Law
292 F.2d 787
United States Court of Appeals for the Ninth CircuitSeptember 1, 196116915California1,471 words

Opinion

Opinion

Merrill, J.

Appellant, owner of the SS Mariposa, has taken this appeal from a decree awarding appellee, as libelant, damages in the sum of $58,000.00 for injuries sustained due to the unseaworthiness of the Mariposa. Appellant contends that the district court’s finding of unseaworthiness is not supported by the record and is clearly erroneous.

The injury occurred December 3, 1958, while the Mariposa was at sea en route from San Francisco to Honolulu. A cable or “fall” by which a lifeboat was suspended parted. Appellee, who had been working inside the lifeboat, was thrown overboard and sustained the injuries for which he here seeks compensation.

At the time, appellee, as carpenter’s mate, was one of a crew of four engaged in greasing the lifeboat’s falls and other moving parts of the apparatus by which the boat was raised and lowered.

The boat at both ends was suspended from a davit. The fall passed from the boat up to the davit and down along the davit arm to a power winch located on the deck. In being raised or lowered the boat at both ends traveled up and down on a track by means of a wheel. When the raising and lowering apparatus was not in operation a locking bar was placed across the…

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