Moore

This is an appeal from a decree dismissing a libel brought by appellant to recover damages for injuries alleged to have been sustained by him through the negligence of the crew of the vessel Vinemoor in leaving open and unguarded a small hatch, or tonnage opening, through which appellant fell while he was assisting in loading the vessel. The hatch in question is adjacent to No. 5 hatch, which appellant and a crew of eight men were working at the time. The hatch, or opening, is about eight feet long, lying athwartships, and three feet wide, surrounded by a rail or coaming eight or ten inches high. It was covered with a tarpaulin which was unsecured when appellant stepped over the coaming and onto the tarpaulin.

The accident occurred on the night of April 5, 1929, in Gray’s Harbor, Wash., and on October 5, 1931, thirty months later, appellant filed this libel. At the time of the accident the vessel was under time charter to the American Trading Company, and was being loaded with a cargo of lumber by the Twin Harbor Stevedoring Company, under contract with charterer. Appellant was an employee of the stevedoring company, engaged as a hatch tender.

The libel contains the following…