Davis

Davis v. Matson Navigation Co.

Good Law
1968 Cal. App. LEXIS 2282·262 Cal. App. 2d 25·68 Cal. Rptr. 434·33 Cal. Comp. Cases 878
Court of Appeal of CaliforniaMay 8, 1968Civ. No. 24337California1,810 words

Opinion

Lead Opinion

Salsman, J.

Appellant brought this action against respondent to recover damages for personal injuries suffered by him when he slipped and fell on grease which was covered with sawdust while he was working as a longshoreman on the deck of respondent’s ship, the S. S. Hawaiian Packer. At trial he dismissed his claim based on negligence, and the action then proceeded on the theory that, at the time of injury, the vessel was unseaworthy and that this condition caused appellant’s injury and damage. Jury trial was waived. At the close of the evidence the trial judge found that (1) appellant fell while working on respondent’s ship, but that at the time of his fall the ship constituted a safe place to work and was a seaworthy vessel; (2) the fall caused appellant no disabling injury, and (3) the fall was caused solely by appellant himself. Pursuant to these findings judgment was entered for respondent. The appeal challenges only the sufficiency of the evidence to support the trial court’s findings. Obviously, if any one of the findings is supported by substantial evidence the judgment must be affirmed.

Appellant, a " gang boss,” came aboard the S.S. Hawaiian Packer with his work crew on the night of…

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