Splosna-Plovba, a Corporation v. Refugio Garcia

The appellee Garcia commenced this action by filing a libel against Splosna-Plovba for damages resulting from an ir.iury incurred while he was working as a longshoreman aboard the latter’s vessel the SS GUNDULIC. After trial, the court made findings of fact and conclusions of law holding the appellant corporation liable for damages and a final decree to that effect was entered.

Garcia was injured while he was working in the hold of the ship helping to unload lumber. The lumber was stowed in bundles held together with metal strips. The length of the bundles varied from six to eighteen feet and the boards within the bundles varied in length. The bundles were approximately three feet high and three feet wide. Some of the lumber was stowed fore-and-aft and some was stowed athwartship. Because of these circumstances there were holes in the stow between the various bundles.

When he was injured Garcia was working with a group of four men in moving bundles from under the deck where they were stowed. These bundles were taken out by what is referred to as the two-sling method, that is to say, wire slings were placed about each end of the bundle and the operator of the winch on the deck of…