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WIEL AND AMUNDSEN v. POTTER

No. 14527.

228 F.2d 341 (1955)

WIEL AND AMUNDSEN, A/S, as Claimant of THE S. S. ROMULUS, Appellant, v. Roy E. POTTER, Appellee.

United States Court of Appeals Ninth Circuit.

December 19, 1955.

Attorney(s) appearing for the Case

Wood, Matthiessen, Wood & Tatum, Lofton L. Tatum, John R. Brooke, Portland, Or., for appellant.

Nels Peterson, Frank H. Pozzi, Berkeley Lent, Portland, Or., for appellee.

Before DENMAN, Chief Judge, POPE, Circuit Judge, and BYRNE, District Judge.

DENMAN, Chief Judge.

Wiel and Amundsen, A/S, as claimant of the steamer Romulus, hereafter Shipowner, appeals from a decree of the district court awarding damages to Potter, a longshoreman, who was loading lumber in the forehold of the ship. The district court held that the Shipowner was negligent in failing to make tight a removable rod, a part of a fencing railing above the deck just forward of the opened forehold also making the vessel unseaworthy in that respect...

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