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GRAYS HARBOR STEVEDORE CO. v. FOUNTAIN

No. 4429.

5 F.2d 385 (1925)

GRAYS HARBOR STEVEDORE CO. v. FOUNTAIN et al.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied June 2, 1925.

Attorney(s) appearing for the Case

Theodore B. Bruener, of Aberdeen, Wash., for appellant and cross-appellee.

James R. Gates, of Seattle, Wash., for appellee and cross-appellant Fountain.

Ira Bronson, J. S. Robinson, H. B. Jones, and Robert E. Bronson, all of Seattle, Wash., for the United States.

Before GILBERT, HUNT, and RUDKIN, Circuit Judges.

GILBERT, Circuit Judge (after stating the facts as above).

The evidence is without dispute that the manholes on the ship were of an extremely unusual construction. No such arrangement of manholes and covers thereto had been seen in the harbor of Aberdeen. The stevedores had never known manholes that required that the covers be fastened when open. The work boss for the appellant testified that he had never had occasion to take any precaution against the falling of...

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