Pacific Far East Line, Inc., a Corporation v. Jones Stevedoring Co., a Corporation

Good Law
346 F.2d 642·1965 A.M.C. 1870·30 Cal. Comp. Cases 285·1965 U.S. App. LEXIS 5381
United States Court of Appeals for the Ninth CircuitJune 2, 196519557_1California903 words

Opinion

Opinion

Barnes, J.

Longshoreman Ernest Pahland successfully concluded a libel against appellant for injuries sustained in the course of loading operations on appellant’s ship'. After judgment was entered in Pahland’s favor, appellant brought this action against the stevedoring company for indemnification in the total amount of $22,227.48 (the sum of Pahland’s judgment plus costs and attorney’s fees). The present appeal in this admiralty matter arises from the decision of the district court rejecting appellant-shipowner’s claim for indemnification.

The accident in question took place during appellee’s loading operations of safflower seed on appellant’s vessel. Pahland’s injuries were sustained as he descended one of the ship’s ladders which was extended from the ship’s deck into a deep storage tank. It is undisputed that the immediate cause of the injuries was a protruding piece of steel against which Pahland struck his knee in the course of his descent. This protrusion resulted in a finding that the ship was unseaworthy, and was the basis for permitting Pahland to recover from appellant in the principal action. In light of the strict liability that a shipowner assumes in maintaining his vessel in a…

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