This section contains the nature of the case and procedural background.

Gyerman (P) was working as a longshoreman for United States Lines Co. (D) unloading fishmeal. Because the sacks could fall over easily, there was a procedure that had to be followed when stacking them. P noticed that this procedure had not been followed, so he reported it to D's clerk. He was told that nothing could be done about it. P then talked to his own supervisor. His contract gave him the right to stop working if the conditions were dangerous, but he continued. While unloading the stacks, some of the sacks fell injuring P. P sued for damages. D claimed that P was contributorily negligent for not following proper procedures and notifying his union. The trial court, without a jury, ruled for P, holding that D was negligent in failing to stack the sacks in the correct way and that D had a statutory duty to provide all the employees with a safe working environment. However, the trial court also barred P's cause of action, ruling that he was contributorily negligent. P appealed.

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