Hansen

Matson Navigation Co. v. Hansen

Good Law
132 F.2d 487·1943 A.M.C. 86·1942 U.S. App. LEXIS 4642
United States Court of Appeals for the Ninth CircuitDecember 12, 1942No. 10186California691 words

Opinion

Lead Opinion

Denman, J.

This is an appeal from a judgment of the district court, sitting without jury, awarding to appellee Hansen, an able bodied seaman, damages against appellant for injury to appellee’s hand, held to be caused by the acts of appellant in requiring him to work in an unsafe place on appellant’s steamer, the Mauna Lei.

The appellant does not question the amount of damages appellee suffered, but claims there is not sufficient evidence to support the court’s findings.

All but one of the witnesses to the accident and conditions prevailing, including the chief mate under whose orders Hansen was working at the time of the injury, testified before the district court. The sufficiency of the findings is to be considered here with reference to the provision of Rule 52 of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c.

The vessel had encountered heavy weather shortly after leaving San FranI cisco on its voyage to Honolulu, which disarranged a deckload of steel “I” beams. A part of the district court’s findings concerning the safety of appellee’s place of work, is as follows:

The complaint invokes the provisions of the Jones Act, 46 U.S.C.A. § 688 , and the question…

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