American President Lines, Ltd. v. Marine Terminals Corp.

This is an action for indemnity in the amount of $67,563. Jurisdiction of this court is founded upon the provisions of 28 United States Code § 1332 . The facts of this case are as follows:

On January 29, 1952, plaintiff’s vessel, President Polk, was in San Francisco, and pursuant to a written stevedoring contract the defendant went aboard the vessel for the purpose of discharging the 'ship’s cargo. The contract contained no agreement, covenant or language of indemnity. This fact is undisputed. American President Lines has conceded there was a missing locking device on the No. 2 king strongback in the lower ’tween deck hatch.

During unloading operations the defective strongback was dislodged by the bridle and hook manipulated by the winch driver, and fell into the lower hold causing personal injuries to Mr. Williams, a stevedore. The operation of the winch bridle and hook was in the usual and customary manner, and the winch driver was free of negligence. The evidence reveals that it is the duty of the shipowner to repair and maintain the locking devices.

An action was brought by the injured man, Williams, against American President Lines. No tender of defense of the action in…