Frederick Leyland & Co. v. Holmes

Citations

• 153 F. 557
• 82 C.C.A. 511
• 1907 U.S. App. LEXIS 4434

Syllabus

<p>1. Shipping — Injury to Stevedore — Duty op Vessel.</p> <p>The owners of a vessel owe a personal duty to the members of a stevedore’s gang employed to work thereon to provide reasonable security against danger to life or limb, and to warn them of any latent danger caused by the ship, or for which the ship is responsible.</p> <p>[Ed. Note. — For cases in point, see Cent Dig. vol. 44, Shipping, §§ 349, 350.]</p> <p>2. Same — Liability op Vessel — Defective Hatch Coveb.</p> <p>In a suit by a stevedore’s employé to recover from a vessel for a personal injury caused by the falling of a hatch cover, precipitating him into the hold, it was shown that, when in the course of his duty he went to remove the cover which had been closed by the vessel, or by those for whom she was responsible, he was not warned of any danger; that he went upon the hatch, when, without fault or negligence on his part or on the part of his fellow laborers, the supports immediately collapsed without apparent cause. Held, that such evidence was sufficient to make a prima facie ease, which, unless overcome by countervailing evidence, entitled him to recover.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 44, Shipping, §§ 349, 350.]</p>