Swanson

Plaintiff was injured at Westport, Or., on July 1, 1924. The A. C. Dutton Lumber Company, his employer, was delivering lumber to the defendant for transportation by its steamship Lewis Luekenbach to divers consignees in New York. It had delegated to plaintiff the duty of seeing that the material to fill the orders was gotten out by the mills and delivered at the proper places upon the dock, and also, at the ship, of observing whether any of it was broken or bruised in loading, and whether the several orders, after being received on board, were correctly segregated and marked. He was not employed by, and rendered no service to, the defendant, nor did he have anything to do with the stowing of the cargo in the sense of trimming the ship. Defendant itself had a supercargo, and two of its own employees were engaged in marking off the lumber in the hold. Upon receiving the shipments, it gave to the consignor bills of lading, imposing upon it, and not the consignor, the duty of marking the lumber, keeping the orders separate in the hold, and delivering them safely to the several consignees. It does not appear that it requested the presence of plaintiff, took any instructions from him,…