Rederi A/b Nordstjernan, Etc., AKA Johnson Line v. Crescent Wharf & Warehouse Co.

Appellant was sued by one Bojorquez for injuries sustained aboard appellant’s vessel M/S ROSARIO. Appellant im- pleaded the appellee on third-party complaint. Trial to a jury was had, resulting in a verdict and judgment in favor of Bojorquez against appellant, but denying appellant indemnification against ap-pellee. The trial court had jurisdiction under 28 U.S.C. § 1332 , and our jurisdiction rests on 28 U.S.C. § 1291 .

Appellant’s cargo vessel M/S ROSARIO arrived in Los Angeles in November of 1963 and was turned over to appellee, which is a stevedoring company, to discharge cargo to be landed in Los Angeles.

Of particular interest here is the discharging of cargo from the starboard lower hold #5. The construction of the starboard lower hold #5 is of prime importance. Basically it is a long rectangular area. Along the length of the port side of the hold, however, there is a housing (about 7 feet high and 6 feet wide) containing the vessel’s propeller shaft. There is a similar housing along the starboard side of the hold enclosing a fuel tank. The effect of these two housings is to create “shelves” along the length of the hold. The area between the shelves in the hold is…