Barsch

The parties herein will be designated’ plaintiff and defendant, as in the court below. The plaintiff recovered a judgment against the defendant, a corporation, for damages on account of personal injuries sustained by him while working on a dock in discharging the cargo of the steamer Camino, at Portland, Or.

[1, 2] One of the assignments of error is that the court denied the defendant’s request to instruct the jury to return a verdict for the defendant on the ground that, by the uncontradicted evidence in the case, the defendant was the managing agent only of the steamship. The assignment raises the question whether there was evidence to go to the juiy to show that the defendant, rather than the owner, was in *584 dividually responsible as the employer of the plaintiff. The defendant was a corporation of the state of California, doing business there, and at Portland through its local agent Kennedy. Kennedy testified that' it was his duty to act for the defendant in the capacity of agent in directing the movement of ships that were being run into the port of Portland, to pay all bills for the ships, including the bills of men who helped to load and unload the same; that the…

(dissenting). The defendant in error brought this action in the court below against the plaintiff in error (defendant there), to recover damages for injuries sustained while working as a stevedore in unloading, from the steamship Camino, at a dock in Portland harbor, certain structural iron beams. The ship was owned by the Western Steam Navigation Company, “the managing agent” of which was the defendant, Swayne & Hoyt, Inc., and, the record shows, was at the time 'engaged in interstate commerce.

The complaint alleged, among other things, that the unloading of tlie beams was done by means of a double winch which was located upon the deck of the ship, and was operated by an engineer and a foreman by means of “cables, falls, hooks, and slings”; that in unloading- the vessel “said sling and fall were fastened by means of a hook to each end of said structural iron beams, which said sling and fall were fastened or connected with a cable which wound around the drum of said steam winch, and then said beams were raised by means of said steam winch and apparatus from the deck of said steamship' into the air and lowered over the rail of said ship down to and on to a truck on said lock,…