Drain
Drain v. Shipowners & Merchants Towboat Co.
Opinion
Lead Opinion
Garrecht, J.
This is an appeal from a decree upon a libel in admiralty in personam, brought under the Jones Act 1 to recover damages for personal injuries to appellant Drain, who was an ordinary seaman on Tugboat “Sea Scout”, and who was injured while she was docking at 16th Street Dock in San Francisco, California, on April 9, 1943.
The decree, based on findings and conclusions, was that libelant take nothing and that respondents recover costs. Libelant sued under the Seaman’s Act, 2 without prepayment of costs.
The injury occurred to Drain when in approaching the pier he stood on the guard rail of the tug, outside of the rail, ready to take a mooring line to the pier. He was caught between the side of the tug and a hanging fender as she swung toward the pier, and his leg was broken and crushed.
According to the libel, Drain began work as an ordinary seaman for the first time on March 10, 1943, and was inexperienced in that work. He further alleges that he was negligently and unskillfully instructed by libelee as to the methods and manner of working and as to its dangers and complexity, and that by that negligence his injury was caused.