Hamburg-Amerikanische Packetfahrt Aktien Gesellschaft v. Gye

Citations

• 207 F. 247
• 124 C.C.A. 517
• 1913 U.S. App. LEXIS 1617

Syllabus

<p>1. Shipping (§ 84*) — Liability for Injuries to Stevedores — Degree of Care Required.</p> <p>The duty of a ship to longshoremen employed thereon is limited to the exercise of ordinary care in providing them with a reasonably safe place to work while engaged in loading or discharging and going to ¿nd from such place, and to giving them notice of any latent dangers where they are engaged in work and where their duties require their presence, and, where a longshoreman not at the time engaged in work is permitted to go to a part of the ship where no duty calls him, he is at most a licensee, and the extent of the duty owed him is not to knowingly let him run on a hidden peril or willfully cause him injury.</p> <p>[Ed. Note.—For other eases, see Shipping, Cent. Dig. §§ 342, 349-351; Dec. Dig. § 84.*]</p> <p>2. Shipping (§ 80*)—Liability for Injuries to Licensees—Dangerous Appliances.</p> <p>The duty of a ship toward a mere licensee with respect to appliances is fully discharged when she is equipped with appliances reasonably suited to the purpose for which they are used, and such as are customary and usual for ships of that kind.</p> <p>[Ed. Note.—For other cases, see Shipping, Cent. Dig. §§ 335, 341, 352; Dec. Dig. § 80.*]</p> <p>3. Shipi’tng (§ 86*)—Liability for Injury to Licensee.</p> <p>Libelant’s husband was employed as a longshoreman in loading respondent's ship. After taking on cargo at a point across from New Orleans, she crossed the river, and the longshoremen, who had ceased work for the day, stayed on board to be carried across. Libelant’s husband, who with others had gone upon the poop deck, where there was an awning, seated himself on a grating covering tlie rudder quadrant, and while there his foot was caught and crushed by the movement of the steering gear, causing his death. He had been for three years engaged in working on similar vessels, having similar steering apparatus, which was of a usual pattern. None of the longshoremen had any right on such d