The opinion of the court was delivered by: BARD
This is an action in admiralty to recover damages sustained by libellant, a stevedore, while engaged in unloading a cargo from the Steamship "Etna".
I make the following special
1. On April 15, 1940, the date of the accident, libellant was a stevedore employed by the Jarka Corporation, and was engaged in unloading a cargo of wood pulp from the No. 1 hold of the Steamship "Etna", at Philadelphia, Pennsylvania.
2. The cargo in the forward part of the No. 1 hold was destined for Wilmington, Delaware, and the cargo in the after part was destined for Philadelphia.
3. Libellant was injured when bales of wood pulp in the rearmost tier of the cargo destined for Wilmington collapsed and fell upon him.
4. The collapse of these bales resulted from improper and negligent stowage of the Wilmington cargo when loaded in Sweden.
5. Because of high seas and head-winds encountered by the Steamship "Etna" on her voyage from Sweden to Philadelphia, her master knew, or had reason to know, that the cargo in the No. 1 hold might be insecure and in danger of collapse.
7. Libellant was not advised by the master of the Steamship "Etna" of the possible insecurity and danger of collapse of the Wilmington cargo.
8. The accident occurred through no fault of the libellant.
9. Libellant received multiple fractures of the right leg, comminuted fracture of the left leg, and multiple fracture of the pelvis.
10. He remained in bed for about four months, after which he was able to walk only with the ...