Alaska Steamship Company, a Corporation, and Ss Tonsina, Her Tackle, Engines, and Appurtenances v. Arnold H. Garcia

Arnold H. Garcia brought this libel in rem against Alaska Steamship Company (Company), and the SS TONSINA to recover damages for personal injuries sustained while serving as a longshoreman aboard the vessel. The Company was both the owner of the vessel and the employer of Garda. The trial court entered a decree in favor of Garcia. The Company appeals.

Garcia and other members of his “gang” of longshoremen boarded the SS TONSINA at pierside in Seattle, preparatory to loading cargo from the port side. The vessel’s boom at No. 3 hatch was to be used for this purpose. The boom, however, and a guy line leading from the rail of the ship to the upper end of the boom, had been improperly rigged for the portside cargo loading operation. Because of this faulty rigging, the boom topped (swung into an upright position) while Garcia and his fellow longshoremen were using the boom to lift a heavy piece of cargo from the dock. 'The topping of the boom caused the topping lift cable to slacken.

No one was injured as the boom swung Into an upright position and the topping lift cable slackened. The result, however, was that the boom and topping lift cable were left in dangerous positions, due to…