American President Lines, Ltd., a Corporation, and Cross-Appellee v. E. B. Welch, and Cross-Appellant

E. B. Welch, appellee herein, filed an action in the United States District Court for the Northern District of California, Southern Division, against American President Lines, Ltd., appellant herein, seeking damages for injuries received while he was a seaman aboard the SS PRESIDENT ROOSEVELT, a vessel owned by appellant. Appellee alleged that his injuries were proximately caused by the unseaworthiness of appellant’s vessel in that appellant did not supply appellee “sufficient personnel or assistance necessary for the performance of his said duties aboard said vessel.” The district court, without a jury, found for appellee holding that his damages amounted to $38,450, and that his own negligence contributed 50 per cent to the accident. Judgment was entered against appellant in the sum of $19,225.00. Appellant appeals from the finding of unseaworthiness, and appellee cross-appeals from the finding of contributory negligence.

Appellee is a merchant seaman holding a third assistant engineer’s license for diesel vessels and a chief engineer’s license for steam vessels. From April, 1962, to the latter part of February, 1964, he was employed as a third assistant engineer aboard the SS…