Sea-Land Service, Inc. v. Matson Terminal Co.

Plaintiff, a longshoreman, was employed on February 6 to 10, inclusive, 1962, by respondent Matson Terminal Company (herein referred to as Matson) to assist in unloading the SS Short Hills, a vessel owned by appellant Sea-Land Service, Inc. (herein referred to as Sea-Land) in the Long Beach-Los Angeles Harbor. Upon reporting to the vessel for work on the evening of February 8, plaintiff was directed by the hatch boss, an employee of Matson, to discharge cargo in the No. 2 deep tanks. There were six men in this particular unit. The tanks are at the very bottom of the vessel and are reached by descending various ladders from the main deck of the vessel. Upon entering the inshore deep tank in the No. 2 hatch, plaintiff noticed a quantity of damp to wet chemicals on the deck from ruptured and torn bags. It had rained that day. He immediately noticed an unusual odor, and a burning sensation in his nostrils and chest and developed a cough which brought up phlegm. At this time, plaintiff and his work partner, a Mir. Mendez, sent for the hatch boss to call his attention to these conditions. The hatch boss appeared briefly in the deep tank and then departed to return a few minutes later…