COONEY v. UNITED STATES

No. 14940.

74 F.Supp. 26 (1946)

COONEY v. UNITED STATES et al.

District Court, W. D. Washington, N. D.

December 20, 1946.


Attorney(s) appearing for the Case

Levinson & Friedman, of Seattle Wash. (Sam L. Levinson and Edwin J. Friedman, of counsel), for libelant.

J. Charles Dennis, U. S. Atty., and Bogle, Bogle & Gates, all of Seattle, Wash. (Edw. S. Franklin, of Seattle, Wash., of counsel), for the U. S., respondent.

Bogle, Bogle & Gates, of Seattle, Wash. (Edw. S. Franklin, of Seattle, Wash., of counsel), William J. Rountree & Co. and William-Dimond & Co., respondents.

Edward M. Hay and David O. Hamlin, both of Seattle, Wash. (David O. Hamlin, of Seattle, Wash., of counsel), Griffith & Sprague Stevedoring Co., respondent.


BOWEN, District Judge.

In this case the libelant was, on the occasion of the accident, engaged in the performance of his duties. At the moment, he was proceeding along the main deck on the port side of the open Number 2 hatch with certain tools in his hands and in his pockets and about his person while on his way to work on one of the cargo winches. While so proceeding he stepped upon some piled or loosely thrown hatch boards which had been taken off the hatches and...

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