Skaanes

We think there is no merit in this appeal. The appellee was a stevedore, and at the time of the injury for which he sued an employee of the stevedoring company engaged in discharging cargo of the appellant’s steamship Santa Paula at San Pedro, Los Angeles harbor, on October 26, 1922. He was operating the port and starboard winches of No. 2 hatch of the vessel by means of the gear installed by the erew of the ship. His position and the gear are shortly and correctly stated in the opinion of the court below as follows:

Among the cargo to bo discharged were a number of boilers weighing about 5 tons each, six of which bad already been lifted from the hold of the vessel and discharged, when in lifting the seventh a wire called the purchase wire broke, resulting in appellee’s injury. The appellant insists that the wire was practically new in March, 1922, had been thereafter well cared for and used, and was of sufficient strength for the purpose for which it, was installed by the ship, if properly handled, and that its breaking was solely due to the improper handling of the lifting device by the appellee and his fellow stevedores, “in that they carelessly and unnecessarily hove on the…