Anderson

Plaintiff, a seaman employed by the defendant, brought this action under section 33 of the Merchant Marine Act (U. S. Code, tit. 46, sec. 688), to recover damages for personal injuries suffered in the course of his employment. The jury returned a verdict in favor of plaintiff in the sum of $9,000 and from the judgment entered upon the verdict defendant appeals.

The injuries were sustained on December 28, 1929, while plaintiff was working on the ’tween-deck located two decks below the main deck in hold number four on the S. S. “Ventura. ’ ’ He had been assigned to cleaning up and after filling a bucket with rubbish which he had taken from the scuppers he walked to the edge of the hatch on the ’tween-deck and looked up for the purpose of calling for a line to hoist the bucket. Plaintiff testified that just as he looked up and before he had a chance to call for the line something struck him. The object which struck him was an iron crowbar which was approximately five feet in length and weighed approximately thirty to thirty-five pounds. This crowbar was being lowered down the hatch by a seaman named Canting under directions of the second officer. The testimony showed that Cauling…