Larson v. Alaska Steamship Co.

Citations

• 96 Wash. 665
• 165 P. 880
• 1917 Wash. LEXIS 1154

Syllabus

<p>Master and Servant — Safe Appliances — Proximate Cause — Evidence — Sufficiency. The proximate cause of a seaman’s fall down a hatch was an unfastened chair pedestal, left standing when the hatch was opened in such a position that one of experience in the exercise of ordinary care might take hold of it, where it was customary for seamen to take hold of the pedestals in securing a foothold on the hatch ladder, and plaintiff did so and was precipitated down the hatch when the unfastened pedestal gave way.</p> <p>Same — Fellow Servants — Vice Principal — Boatswain. The fellow servant rule has no application in a case where a seaman was precipitated down a hatch when he grasped an unfastened pedestal which was negligently left standing, on opening the hatch, in such a position that one of experience in the exercise of ordinary care might use it for support, where the work was under the personal direction of the boatswain, exercising all the authority of a master or mate, since he was a vice principal.</p> <p>Same — Safe Appliance — Question for Jury. Whether a fixed pedestal near a hatch opening was a safe appliance for seamen to use for support in securing a foothold upon the hatch ladder, is a question for the jury, where witnesses testified that there should have been a ring bolt or rope around the pedestal to relieve the reach between the pedestal and the ladder.</p> <p>Admiralty — Jurisdiction of State Courts — Personal Injury to Seamen — Statutes—Common Law Remedy. Under 36 Stat. L. 1091, providing that Federal district courts shall have original jurisdiction of all civil causes of admiralty and maritime jurisdiction, “saving to suitors in all cases the right of a common-law remedy where the common law is competent to give it,” the state courts have jurisdiction over actions in personam for injuries due to the personal negligence or default of the owners, such as unseaworthiness of the vessel or tackle; hence in an action for injuries due to unsafe appliances f