Tide Water Associated Oil Co. v. Richardson

’ Appellee Richardson brought a libel in personam against Bethlehem Steel Corporation and Tide Water Associated Oil Company for personal injuries and loss of earning capacity arising from his fall into an unguarded hatch on the steam tanker Frank G. Drum, owned by Tide Water and undergoing repairs in the dock of the shipyard of the Bethlehem Steel Corporation in San Pedro, California.

The district judge held Tide Water solely liable and awarded $29,400 damages and costs. The libel as to Bethlehem was dismissed and Richardson does not appeal from ,the decree of dismissal. Tide Water appeals, claiming it is not liable and that if anyone be liable it is Bethlehem. Tide Water makes no alternative claim respecting joint liability.

Richardson was a seaman first class in the Coast Guard, whose duty it was, under the San Pedro port rules, regularly to board ships docked in the yards of Bethlehem *803 Steel Corporation. The Frank G. Drum was a vessel owned by Tide Water, upon which Bethlehem undertook to make certain repairs in July 1944. On Sunday night, August 6, 1944, before the repairs were completed, Richardson was permitted to board the Frank G. Drum by a guard stationed at the…