American President Lines, Itd. v. John Redfern

Good Law
345 F.2d 629
United States Court of Appeals for the Ninth CircuitJune 28, 196519187_1California1,617 words

Opinion

Opinion

Koelsch, J.

This is an appeal by the American President Lines, Ltd. (appellant) from a decree of the District Court, entered in an admiralty suit, awarding John Red-fern, the libelant, damages for personal injuries sustained while working as an oiler aboard its vessel the SS PRESIDENT HOOVER.

The accident occurred on the afternoon of May 24, 1961, while the HOOVER was putting to sea from the port of Manila. Marcus J. Bommersbach, the watch officer in the engine room, ordered Redfern to “go down and change from high suction to low suction,” an operation that required the opening of the gate valves, located on either side of the vessel near the bottom of the hull, and the closing of a corresponding pair of valves, located at a higher level. On the HOOVER these valves were very large and were regulated by turning manually the waist-high, 30 inch diameter wheel with which each was fitted. Redfern started with the lower portside valve. On the first two attempts he was unable to budge the valve, but with the third pull on the wheel he finally succeeded in breaking it loose. He immediately felt a “pop” in his left shoulder and began to experience excruciating pain. Medical examination shortly…

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