Finley v. Daly Tankship Corp.

LEAHY, District Judge.

I. On the evening of November 12, 1939, the steamship Alpha was proceeding to the port of Houston, Texas. The libellant1 had, just finished his watch from 4 to 8 p. m. With his watch partner, Clark,2 he proceeded aft to the messroom *811and his quarters, which were located under the poop deck at the extreme aft end of the vessel. Preceding Clark, libellant descended the stairway from the poop deck. When part way down — according to the story of libellant and Clark — one of the metal treads of the stairway broke, causing libellant to fall the remaining distance in a sitting…