Belships Company, Ltd. v. Pedro Jose Bilbao

Good Law
390 F.2d 642·1968 A.M.C. 1508·33 Cal. Comp. Cases 839·1968 U.S. App. LEXIS 7943
United States Court of Appeals for the Ninth CircuitFebruary 27, 196821558_1California662 words

Opinion

Opinion

Appellee, a longshoreman, was injured while unloading Volkswagens from the hold of the S.S. BELVERA. He contended, and the district court found, that the manner in which the cargo was stowed and unloaded created an unreasonable risk of harm to the longshoremen, and rendered the vessel un-seaworthy.

Three Volkswagens' were stowed bumper to bumper in a line facing the square of the hatch. The front bumper of the Volkswagen nearest the square of the hatch was about' three inches from a cable used to support a false deck upon which the cars rested. The rear bumper of the last Volkswagen was within three inches of the skin of the ship. It was therefore impossible to maneuver any one of the three cars out of the line by turning the steering wheel and pushing. Appellee and two other longshoremen attempted to “bounce” the first Volkswagen to the side so that it and the two cars behind it could be rolled to the square of the hatch.

In “bouncing” a car, longshoremen alternately press down and pull up on the bumper, causing the car to bounce on its springs, and simultaneously exert pressure toward the side to which the car is to be moved. The usual procedure would have been for appellee…

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