Anderson v. E. B. Ward

Citations

• 38 F. 44
• 1889 U.S. App. LEXIS 2064

Syllabus

<p>1. ■Shipping — Liability of Vessel fob. Tout — Admiralty— Jurisdiction. Where a steam-ship is given the key-berth in a wharf previously occupied by another, and the latter is moored outside, with no means of communication with the wharf other than across the deck of the inner vessel, negligence in permitting the deck of the inner vessel to bein a condition unsafe for passing over it to the outside vessel is a marine tort, within the jurisdiction of the admiralty courts.</p> <p>2. Same — Contributory Negligence. The hatchway of a fruit vessel occupying the key-berth in a wharf, andhav-mg another vessel moored outside, was open in the night, according to custom,' but had a coaming of about 12 inches, and was lighted by a lamp from the mast at one end. The deck was well lighted by electric lights on shore, and had across it from the gangway a clear passage way of 5 feet, over which was a lamp. Libelant, while intoxicated, and attempting to cross the deck to the outside vessel, to which he belonged, fell into the hatchway, and was injured. Held, that he was guilty of contributory negligence.</p>