Evanisevich

Mason v. Evanisevich

Good Law
131 F.2d 858·1942 A.M.C. 1542·1942 U.S. App. LEXIS 2970
United States Court of Appeals for the Ninth CircuitNovember 25, 1942No. 10094California674 words

Opinion

Lead Opinion

Denman, J.

This is an appeal from a decree in admiralty holding appellants liable for appel-lee’s share of a sardine catch for the fishing season off the coast of California ending on March 1, 1940. Appellee’s claim was based upon an injury sustained in an attempt to land on a wharf in the port of Los Angeles from the Diesel seiner “Blue Sky”, during his employment for the sardine season as a member of the fishing crew of the seiner, which injury prevented him from further serving during the season.

The district court heard all the witnesses, hence, we are not in a position fully to determine their credibility and will not set aside that court’s findings unless clearly unwarranted by the evidence.

It is admitted by appellants that ap-pellee was employed as a member of the “Blue Sky’s” crew for the sardine season. During the morning of September 22, 1939, under the orders of the captain, appellee and nearly all the crew had been engaged on the seiner in preparing her for the season’s operations. During that morning she was moved about the harbor to try out her engines. Appellee worked on a scoop net, finishing it before noon. The vessel had returned to her wharf where the crew had luncheon…

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