Solomon Lieberman v. Matson Navigation Company, a Corporation

Appellant sued in the district court for personal injuries allegedly caused by a slip and fall aboard appellee’s ship, the S. S. MATSONIA. His first count was under the Jones Act for negligence (46 U.S. C.A. § 688); his second, under the general maritime law alleging unseaworthiness ; and his third, for maintenance and cure. By stipulation, the first two counts only are before us on this appeal. This court has jurisdiction to review the judgment entered below under the provisions of 28 U.S.C. § 1291 .

The only witness as to how the accident happened was appellant. He had shipped aboard the S. S. MATSONIA as a porter, where, among other duties, he was required to wash and wax the deck. At intervals, the deck was “stripped” of existing wax so that it could be rewaxed. This stripping was done by using a machine to scrape the floor. It was operated by appellant’s superior. The process required buckets of hot water to be placed on the floor to melt the wax and make the stripping easier. A soapy detergent was used in such water. The entire deck of the “card room” (its size undisclosed by the record) was being “stripped” at one time. Appellant brought the hot water in buckets (after…