Marshall v. Ove Skou Rederia A/S

This case is close on its facts to our recent decision in Smith v. M/V Gisna, 5 Cir. 1966, 362 F.2d 164, where we affirmed under the clearly erroneous scope of review. In that case, however, the accident occurred when the load or the sling used in the loading operation struck the coaming thereby releasing the rolls of newsprint. That occurrence could be explained by the failure of the two winchmen to work together in properly lowering the load. In the present case the district judge found that there was no evidence of negligence on the part of the crane operator. There appears to be no…