Olsen

This is an appeal from the dismissal of a libel for personal injuries alleged to have been received by libelant, a sailor employed on the launch “Sparrow” belonging to the respondent, through the respondent’s alleged negligence. The negligence alleged consisted in the failure of respondent’s crew on its steamer “Etolin” to control a sling load of frozen beef being lowered from the “Etolin” to the launch while lying in the waters of Kvichak Bay, Alaska. The libel sufficiently alleges respondent’s negligence in respect to the injury received by libelant. On its face the libel was an admirality cause.

Respondent moved to dismiss the libel on the ground that its allegations did not disclose maritime jurisdiction. Along with the motion to dismiss because of the claimed absence of allegations in the libel of maritime jurisdiction, respondent filed an affidavit of a witness which is claimed to show that the injury was received in the course of employment in the salmon canning operations of respondent at its cannery in Kvichak on the Alaskan shore some thirty-five miles distant by water. It is contended that the claims in the affidavit constituted an exceptive allegation, but a mere…