Grays Harbor Stevedore Co. v. Fountain
Court of Appeals for the Ninth Circuit
The appellee, Joseph Fountain, hereinafter called the libelant, received personal injuries while working as a stevedore in loading the vessel West Ison then docked at the port of Aberdeen, Wash. The vessel was being loaded by the appellant, which hired all the longshoremen who were engaged in that service. At the time of the injury the hatches over holds 4 and 5 in the after part of the ship and the manholes leading into said holds had been opened.
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The appellee, Joseph Fountain, hereinafter called the libelant, received personal injuries while working as a stevedore in loading the vessel West Ison then docked at the port of Aberdeen, Wash. The vessel was being loaded by the appellant, which hired all the longshoremen who were engaged in that service. At the time of the injury the hatches over holds 4 and 5 in the after part of the ship and the manholes leading into said holds had been opened. The libelant first reported for work shortly before 8 o’clock in the evening, and as he started down the manhole into hold No'. 5, the cover of…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). The evidence is without dispute that the manholes on the ship were of an extremely unusual construction. No such arrangement of manholes and covers thereto had been seen in the harbor of Aberdeen. The stevedores had never known manholes that required that the covers be fastened when open. The work boss for the appellant testified that he had never had occasion .to take any precaution against the falling of manhole covers. The evidence was that standard manholes were so constructed that the covers would either lie back on the deck when opened or would open…
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- The ColonCourt of Appeals for the Second Circuit · 1918
- Frederick Leyland & Co. v. HolmesCourt of Appeals for the Fifth Circuit · 1907
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- The Henry S. GroveDistrict Court, D. Maryland · 1927
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