Cyborowski v. Kinsman Transit Co.

Citations

• 179 F. 440
• 102 C.C.A. 586
• 1910 U.S. App. LEXIS 4660

Syllabus

<p>1. Evidence (§ 123*) — Res Gestas — Statements by Agent.</p> <p>A statement, made by the master of a vessel some time after the injury of a stevedore, tending to show that he had previous knowledge of the insecure condition of a trim board, which fell and caused the injury, was not a part of the res gestae, but a narrative of a past transaction, and inadmissible to bind the owner of the vessel, in an action against him for the injury.</p> <p>[Ed. Note. — For other cases, see Evidence, Cent. Dig. §§ 351-368; Dec. Dig. § 123.*]</p> <p>2. Shipping (§ 84*) — Liability of Vessel Owner for Torts — Injury to ’ Stevedore.</p> <p>In an action against a vessel owner to recover for the death of a stevedore’s employé, who was killed by the falling of a trim board alleged to have been hanging in a dangerous position, assuming that defendant stood in the relation of a master to the deceased, it was incumbent on plaintiff to prove that defendant knew of the dangerous position of the board long enough before the accident for it to have been remedied, or that its condition should have been known by defendant in the exercise of reasonable care; and where neither of such things was alleged or shown, and there was no evidence showing how long the board had been in such position, or that it was not so placed through the negligence of the fellow servants of the deceased after they began work, no case of negligence was made out against defendant which warranted a recovery.</p> <p>[Ed. Note. — For other eases, see Shipping, Gent. Dig. §§ 342, 349-351; Dec. Dig. § 84;* Master and Servant, Cent Dig. § 492.]</p>