Madison v. Matson Nav. Co.
Opinion
lead Opinion
Yankwich, J.
The above-entitled libel, heretofore tried, argued and submitted, is now decided as follows :
Judgment will be for the respondents that the libelant take nothing by the said libel against the respondents or either of them, and that the said libel be dismissed without costs.
Findings and decree to be prepared by proctors for the respondents under Local Rule 7.
Comment
The action was by a longshoreman, Kermet H. Madison, under the general maritime law, U. S. Constitution Art. Ill, § 2; Atlantic Transport Co. of West Virginia v. Imbrovek,, 1914, 234 U.S. 52, 62 , 34 S.Ct. 733 , 58 L.Ed. 1208 ; Parker v. Motor Boat Sales, Inc., 1941, 314 U.S. 244, 246-250 , 62 S.Ct. 221 , 86 L.Ed. 184 ; American Stevedores v. Porello, 1947, 330 U.S. 446, 456 , 67 S.Ct. 847 , 91 L.Ed. 1011 , — for injuries sustained while he was removing the middle strongback from the ’tween deck of No. 4 hold of the American steam vessel Hawaiian Wholesaler.
The libelant attempted to prove (1) negligence in failing to keep the passageway clean, and (2) unseaworthiness in failing to provide a safe place to work, — more *750 particularly, in failing to provide a railing around the hatch.