Gypsum Carrier, Inc. v. William D. Handelsman

Appellee was chief steward aboard the appellant’s S.S. Ocean Carrier. As the vessel was being prepared for sea, tackle which two members of the crew were attempting to secure for the voyage fell and struck appellee. Appellee filed two libels against appellant. The first sought maintenance and cure under the general maritime law. The second alleged a cause of action for unseaworthiness under the general maritime law and for negligence under the Jones Act, and sought general and special damages. The libels were consolidated for trial before the court without a jury. Appellee was awarded $33,500.

We sustain the District Court’s finding of liability. We conclude that no errors prejudicial to appellant were made in the computation of damages. The judgment is affirmed.

I. LIABILITY

A. Contributory Negligence. Appellant concedes that there was evidence to support the District Court’s finding that its crewmen handled the tackle negligently. Appellant contends that the District Court should have found appellee guilty of contributory negligence.

Appellant suggests that the facts were undisputed and that the District Court’s holding that appellee was not negligent is therefore a…