Hightower

Libelant brought action against respondent for injuries suffered while working aboard the SS Hawaiian Rancher, a vessel owned by respondent. He alleges that his injuries were sustained by reason of the unseaworthiness of the ship and/or the negligence of respondent.

The Hawaiian Rancher arrived at San Francisco’s Pier 32 at approximately 6:00 P.M., January 21, 1956. Libelant, one of a gang of stevedores employed to load the vessel, came on board shortly thereafter and commenced working in hatch No. 3. Shortly after 5:00 A.M., January 22, he was called to the weather deck to assist in covering hatch No. 3. It was raining. In order to cover the hatch it was necessary to move the hatch beams used on the weather deck from shore to ship. While attempting to free a bridle, a device used to move hatch beams, from one of the two lower deck hatch beams piled on the off-shore side of hatch No. 3, libelant’s leg was crushed between a hatch beam and a pipe shielding.

Libelant contends that the beams were stacked under such circumstances that an unseaworthy condition was created, which condition was the proximate cause of his injuries. As a longshoreman engaged in loading the vessel,…