Bray

Bray v. Luckenbach S. S. Co.

Good Law
78 F.2d 827·1935 A.M.C. 1182·1935 U.S. App. LEXIS 3872
United States Court of Appeals for the Ninth CircuitAugust 26, 1935No. 7702California1,083 words

Opinion

Lead Opinion

Wilbur, J.

The appellant served as a wiper on board the steamship Andrea F. Luckenbach, belonging to the appellee, on a cruise from New Orleans to North Pacific ports. On the 5th of November, 1932, while the vessel was lying to off the mouth of the Columbia river, six lockers in the engine room crew quarters fell from the after *828 side of the quarters upon the appellant. The lockers were detached by reason of the breaking of a 3/16" wire which held them in place. The trial court found that by reason of the insufficiency of this attachment the vessel was unseaworthy and that the appellee is liable for the injuries, proximately caused by the accident.

The appellant, who was successful in the trial court, appealed on the ground that $1,500, the amount allowed by the trial court for the damage proximately caused.by the accident, was entirely inadequate.

The appellant contended in .the trial court that the head of the first left rib was dislocated and that there was a fracture of the arch of the first lumbar vertebrae, as the result of the accident in question. A large number o'f expert witnesses gave their opinion as to whether or not the dislocation and fracture was the result of the…

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