Continental Fire & Casualty Insurance v. O'Leary

ORR, Circuit Judge.

Appellant Caldwell was injured on May 30, 1951 while working aboard the S.S. Seafair, a vessel owned and operated by Coastwise Lines, Inc. At the time of the injury the vessel was discharging freight at Seward, Alaska.

The freight being handled by appellant and others consisted of plasterboard packed in rather large bundles, and appellant was attempting to pry one of the bundles into a certain position when the peavy with which he was working slipped. Appellant fell backward and sustained an injury to his back. More than two years thereafter, to wit October 10, 1953,…