United States v. Arrow Stevedoring Co.

This appeal is like that in case No. 11519 of the same title, the opinion in which, this day filed, is to be considered with this opinion. 175 F.2d 329 . As there, Arrow Stevedoring Company, hereafter called Arrow, was impleaded by the government.

The appeal here arises from a libel on behalf of the administrator of the estate of John Henry Mitchell, the stevedore killed by the falling of the hatch cover under which Arrow caused him and Williams and four other stevedores to work in the No. 4 port hatch of the U.S.S. Edgecomb with knowledge of the danger to which he was exposed.

The Williams case, No. 11519, was tried and decided first. The testimony there was stipulated to be considered as if taken in the instant case. Further testimony was taken. The court found:

“25. It is not true that the hatch cover had been placed or arranged or secured or maintained in a careless or reckless or negligent manner by impleaded respondent Arrow Stevedoring Company, or any servants or agents or employees of said Arrow Stevedoring Company, and it is not true that any servant or agent or employee of the said Arrow Stevedoring Company conducted himself or his activity in a careless or reckless…