Huber

Huber v. United States

Good Law
177 F. Supp. 617·1959 U.S. Dist. LEXIS 2692
United States District Court, Northern District of CaliforniaOctober 19, 1959No. 27261California952 words

Opinion

lead Opinion

Roche, J.

Libelant brought action against the United States for injuries sustained while engaged in repair work on the SS Sarita, a vessel belonging to respondent. The United States interpleaded West Winds, Inc., alleging that the latter would bear the ultimate liability were libelant to effect a recovery.

On March 23, 1955, the day he suffered his injuries, libelant was employed as a rigger by West Winds, a ship repair firm. His job required him to move heavy machinery at the request of the *618 machinists with whom he worked. The United States had contracted with West Winds to perform one phase in a series of repairs to be made on the Sarita pursuant to the Emergency Ship Repair Program, an operation designed to accomplish major repairs to nonelectrical machinery on certain ships in the Reserve Fleet. Prior to her participation in the program the Sarita had been in “moth balls” with the Suisun Reserve Fleet since 1947 and she was returned there when the repair work was completed. Coastwise Lines was under contract with the United States to move the Sarita from and back to the Reserve Fleet and between shipyards.

On March 23 the Sarita was moored at West Winds’ dock in San Francisco Bay.…

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