Rylander

While the Barbara C. was engaged in discharging cargo at Long Beach, Cal., Rudolph" Rylander, an able-bodied seaman employed thereon, suffered personal injuries for which a decree was entered in his behalf in the lower court. W. R. Chamberlin & Co., against which decree was entered, appeals therefrom.

At the time of the accident appellee and two other seamen were moving a jitney truck loaded with sacks of peas. The weight of the load was about 1,509 or 1,600 pounds. Ap-pellee was in front of and holding the handle of the truck for the purpose of assisting in moving it and directing its course. One of the wheels of the truck dropped into a hole in the floor of the hold, jerking the handle out of appellee’s hand so that it dropped on his foot and broke the bone of the big toe on the right foot.

■ Appellee contends that the truck furnished by the owner of the vessel for the purpose of unloading the cargo at Long Beach was not a truck as is customarily used for that purpose. This contention is based on the fact that the handle, or tongue, of the jitney truck was not intended to be used in operating the truck by hand, but was adapted to hooking up the truck in a train of trucks to be…