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KIRSCH v. UNITED STATES

No. 25294.

450 F.2d 326 (1971)

Everett Guy KIRSCH, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

October 15, 1971.

Attorney(s) appearing for the Case

Erskine Wood (argued), of Wood, Wood, Tatum, Mosser & Brooke, Portland, Or., Sidney I. Lezak, U. S. Atty., Jack G. Collins, Asst. U. S. Atty., Portland, Or., Lawrence F. Ledebur, Chief, Admiralty & Shipping Section, Washington, D. C., for defendant-appellant.

Jack C. Ofelt (argued), Julian Herndon, Jr., Portland, Or., for plaintiff-appellee.

Before ELY and KILKENNY, Circuit Judges, and LINDBERG, District Judge.

PER CURIAM :

Defendant was the owner and operator of the SS Occidental Victory. Plaintiff Kirsch was a crewman on the vessel. In 1968 plaintiff was injured on board when he was struck by one Hutchison, a Third Assistant Engineer. This suit for damages was then instituted. The District Court found for plaintiff on the theory that Hutchison's presence on the ship rendered it unseaworthy. This appeal followed.

Having reviewed the evidence, we conclude that it...

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