Walter Adams v. United States of America and California Stevedore & Ballast Company

This action was brought in the court below by a libel in personam seeking damages for personal injuries sustained by the plaintiff, appellant here, aboard the USNS PYT. JOSEPH MERRELL, here called MERRELL, while he was engaged as a longshoreman in loading cargo. The libel stated two causes of action: unseaworthiness of the vessel MERRELL and negligence of the defendant United States. In its answer the United States denied .the allegations of the libel and impleaded California Stevedore and Ballast Company, plaintiff’s employer, as third party defendant.

At the time in question, appellant was a member of an eight man gang stowing boxed ammunition into the wings of the hold of the ship. The loading process consisted of stowing large “conax” vans, seven to nine feet in height and then stowing smaller cargo on top of the vans in an area between their top and the ceiling of the hold. When plaintiff received his injuries he was in the process of assisting with the stowing of small boxes of ammunition on top of the conax vans in the manner mentioned. He was operating a fork lift truck in the No. 2 hold and also assisting in hand-stowing the small arms ammunition into the wings.. On the…