Soper v. Hammond Lumber Co.

PARTRIDGE, District Judge.

This is an action for personal injuries, designated by plaintiff a “complaint by a seaman under the Railroad Employers’ Liability Law, 35 Stat. 65” (being Comp. St. §§ 8657-8665). The allegations are that plaintiff was employed as able seaman on the Covena, a ship engaged in interstate commerce, and that while he was engaged in^ loading the vessel a pile of lumber on shore fell upon and injured him.

The action is headed as above described, according to plaintiff’s brief, upon the theory that section 33 of the Merchant Marine Act of 1920 (Comp. St. Ann. Supp. 1923, §…