Cruz v. American Export Lines, Inc.

OPINION OF THE COURT

Sullivan, J.

On September 17, 1976, plaintiff, a longshoreman with 15 years experience in the employ of John W. McGrath Corp., a stevedore, was injured aboard the Export Builder, a vessel owned by defendant Farrell Lines, when a burlap bale fell off a hi-lo and struck him on the back of his foot.

In his pretrial deposition plaintiff testified that on the day of the accident he was a holdman in a stevedoring gang of eight holdmen and four winchmen discharging cargo in the vessel’s *7No. 3 hatch. Hatch No. 3 consisted of three vertical levels, similar to three rooms, one on top…