Carlson v. Comeric Co.

Citations

• 140 F. 109
• 1905 U.S. Dist. LEXIS 78

Syllabus

<p>Shipping — Injury op Stevedore’s Employé — Liability op Ship.</p> <p>Libelant’s intestate was employed by a stevedore in loading a vessel, the lighter articles being transferred from lighters to the hold by means of booms and tackle furnished by the ship while extraordinarily heavy weights were moved with a derrick. During the absence of the foreman deceased had charge of the tackle, and, having taken from a lighter a draft of twice the weight the booms and tackle were calculated to safely carry, a hook broke, allowing the load to swing against deceased, causing an injury from which he died. Held, that it was the duty of the stevedore, and not of the ship, to see that the booms were properly used, and not overloaded, and that the ship was not liable for the injury, it not appearing that it resulted from any negligence of the owners in supplying and maintaining tackle.</p>