George Beeler v. Alaska Aggregate Corporation, a Corporation, Foss Launch and Tugcompany, a Corporation

George Beeler, a longshoreman, injured while working on Foss Barge 204, filed a libel in personam for personal injuries against Foss Launch and Tug Company and Alaska Aggregate Corporation, alleging that the barge had been unsea-worthy. The tug company is the owner of Foss Barge 204, and Alaska Aggregate Corporation was the bareboat charterer of that barge. After trial, the district court entered a decree dismissing the libel. Beeler appeals from that part of the decree which dismissed the libel against Alaska Aggregate Corporation.

The district court found that Beeler was injured on August 27, 1961, while he was engaged in loading the barge on navigable waters of the United States at Portland, Oregon. Just prior to the accident Beeler, and other longshoremen employed by Portland Stevedoring Company, were unloading trailer houses on top of half houses previously loaded on the deck of the barge. When it became necessary for Beeler and his fellow longshoremen to descend to the deck, the walking boss, an employee of the steve-doring company, moved an ordinary straight wooden ladder into position. He then stood on deck in front of the ladder ready to grab it in the event the ladder…