Hoeffner

Hoeffner v. National S. S. Co.

Good Law
1 F.2d 844·1925 A.M.C. 315·1924 U.S. App. LEXIS 1902
United States Court of Appeals for the Ninth CircuitOctober 20, 1924No. 4308California1,835 words

Opinion

Lead Opinion

Ross, J.

The appellant, as administratrix of the estate of her deceased husband, John H. Hoeffner, libeled the appellee steamship company for damages in the sum of $20,000, and for $5,000 as exemplary damages, alleging, among other things, in substance, that on April 15, 1922, while the appellee’s schooner Brunswick was in San Pedro harbor, Los Angeles, the deceased was employed to assist in the unloading of the schooner’s cargo of lumber; that “while he was engaged in making up slings of lumber, so as to have them ready when the unloading should begin, the said vessel got under way and proceeded upstream from the San Pedro Lumber Company’s dock, in San Pedro harbor, to which the vessel had been moored, to Blinn’s lumber dock, also in said harbor of San Pedro; that while said John H. Hoeffner was so engaged, and the ship was proceeding upstream as aforesaid, the sling yielded a little, so that he tripped and fell overboard; that there were no life lines or life rails on the side of said vessel where the deceased was working, so that he could be protected; that the said vessel negligently continued on her way after deceased was precipitated into the water, and she proceeded about 500 feet…

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