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REED v. STEAMSHIP YAKA

Nos. 13,600, 13,601.

307 F.2d 203 (1962)

Elijah REED, Appellee, v. STEAMSHIP YAKA, Her Engines, Boilers, Machinery, etc. (Waterman Steamship Corporation, Owner and Claimant), Appellant in No. 13,600, and Pan-Atlantic Steamship Corporation, Appellant in No. 13,601.

United States Court of Appeals Third Circuit.

Filed April 27, 1962.

Rehearing Denied July 16, 1962.

As Amended July 26, 1962.

Attorney(s) appearing for the Case

Harrison G. Kildare, Philadelphia, Pa. (Rawle & Henderson, Philadelphia, Pa., Thomas F. Mount, Philadelphia, Pa., of counsel, on the brief), for appellant in 13,600.

T. E. Byrne, Jr., Philadelphia, Pa. (Krusen, Evans & Byrne, Philadelphia, Pa., on the brief), for appellant in 13,601.

Joseph Boardman, Philadelphia, Pa. (Freedman, Landy & Lorry, Philadelphia, Pa., on the brief), for appellee.

Before McLAUGHLIN, KALODNER and HASTIE, Circuit Judges.

HASTIE, Circuit Judge.

Libellant Reed, the appellee here, is a longshoreman who was injured while employed by appellant Pan-Atlantic Steamship Corporation and engaged in loading the steamship Yaka. The accident occurred in the hold of the ship when a wooden pallet upon which Reed was standing broke. The pallet was part of staging which the longshoremen themselves had brought on board the ship and had erected.

The libel was solely in rem against the Yaka. The...

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