Skow

Libelant, Lawrence Skow, was employed by respondent Gypsum Carrier, Inc., as foreman of a shoreside gang engaged to load stores and secure deck cargo being loaded aboard the S.S. Harry Lundeberg. Libelant was employed for this one job, which required some fourteen hours for its completion. During this period of time, four hours after libelant reported for work, he received the injury which is the subject matter of this libel.

Part of the deck cargo being loaded was a dismantled crane. It was being lifted from respondent Smith-Rice Derrick Barge, Inc.’s barge to the deck of the Harry Lundeberg by means of the working crane on the barge. Libelant, on board the Harry Lundeberg, tried to unscrew the pin from the shackle which was secured to one end of the piece of crane being brought aboard. Because the threads of the pin were stripped, he could not free the pin with one hand. Libelant then gripped the shackle with his left hand while he attempted to unscrew the pin with his right hand. At that moment the ship rolled, crushing his left hand between two lengths of crane. The defective pin belonged to respondent Smith-Rice Derrick Barge, Inc.

The first question for decision is whether…