Elijah Dubose v. Matson Navigation Company, a Corporation

This is an appeal of an admiralty case arising under 46 U.S.C. § 688 . Jurisdiction here rests on 28 U.S.C. § 1291 .

The facts are not in dispute nor is the liability of the defendant. The two issues in this appeal, both of which relate to the legal consequences which attach to the facts are (1) Did the trial court err in concluding that appellant was contributorily negligent?, and (2) Did the trial court err in attributing 75% of the cause of the injury to appellant’s negligence? As to the latter issue, the appellant claims that the court’s conclusion was clearly erroneous and unsupported by the evidence.

Appellant, a forty-four year old seaman, signed on the SS Matsonia as a scullion from January 28, 1961 to April 5, 1961. During this period of time, Du-Bose polished silverware in the ship’s dishwashing room. He was assigned to a sink where he performed his duties. Some four feet behind the sink at which appellant worked there was a counter on which were located hand-carried dish-racks. During the course of the serving of meals aboard the ship, three or four men would carry dishes to and from the serving area and would utilize the portable dishracks. These dish-runners would…