Foss

Plaintiff, the third mate on the lumber schooner George Olson, sued defendant owner of the vessel for damages for personal injuries resulting from an assault on him by a crew member. The incident occurred on the navigable waters of the United States on board the vessel at the port of Coos Bay, Oregon. The action is predicated on breach of a shipowner’s warranty of seaworthiness of the vessel and negligence, under the Jones Act ( 46 U.S.C.A. § 688); the rights and liabilities of the parties are governed by the maritime laws of the United States. Defendant appeals from judgment against it and in favor of plaintiff for $2,500 entered on a jury verdict.

The George Olson was taking aboard a cargo of plywood ; crew members were handling and storing the cargo in the *46 hold. Thomas Hooker, a seaman, was operating a 15-ton forklift vehicle in the forward hold stacking loads of plywood weighing nearly four tons each into a position for carriage at sea. Two crew members were in the hold assisting in the positioning of each four-ton load.

The incident between plaintiff and Hooker was in dispute; only the testimony of the two men was offered at the trial. The following is plaintiff’s…