Ward

This was a libel to recover damages for personal injuries suffered by a longshoreman while engaged in removing the covering from a hatch on the Santa Cecelia at Portland, Or. From a decree in favor of the libelant, claimant has appealed.

There is little conflict in the testimony and little controversy over' the controlling facts. The vessel had discharged part of her cargo at Longview, Wash., and was about to proceed to Portland to discharge the remainder. Some small boxes containing freight were piled up alongside of No. 4 hatch on the shelter deck, and, fearing that the vibration of the ship on the trip to Portland would cause them to topple over through the hatch onto the deck below, the mate directed the longshoremen to cover the hatch. They proceeded to do so, and discovered that one of the hatch covers used for that purpose was too short. This fact was called to the attention of the mate and he directed the longshoremen to throw the hatch covers athwartship. This they did. Two hatch covers were placed lengthwise across the end of *252 the hatch, resting on the hatch coaming, and the short hatch cover was then placed in position over the hatch; one end resting on the two…