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BACHMAN v. UNITED STATES

May 9, 1947

BACHMAN
v.
UNITED STATES et al.



The opinion of the court was delivered by: BOWEN

Libelant, Francis B. Bachman, by libel in personam, brings action for personal injuries, alleging negligence of the Respondents, United States of America and the Alaska Transportation Co., a corporation, owner and general agent, respectively of the SS Union Victory.

Libelant was employed as Junior Licensed Engineer and alleges that on November 23, 1945, which the vessel was in Saipan, because of the negligent failure of respondents to keep the deck in the vicinity of the log desk on the starboard side of the engine room of the SS Union Victory free from oil and grease that he fell and sustained an injury to his right knee, which eventually led to the excision of the patella. He remained on board the vessel until the end of the voyage at San Francisco on February 18, 1946, doing light duty, and was paid his wages for the entire period. He was then hospitalized as an inpatient at the United States Marine Hospital at Seattle, Washington, from March 18, 1946, where the patella was removed on March 22, 1946, and discharged April 20, 1946. Thereafter he was an outpatient at the United States Marine Hospital at Seattle, Washington, and San Francisco, California. He returned to employment at the end of November, 1946.

Respondents allege that libellant did not exercise ordinary care and that in his capacity as officer in charge of the watch, it was libelant's duty to see that the engine room deck was kept free from grease and other slippery substance, and that he failed to do so.

19470509

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