Navigazione Alta Italia v. Vale

Citations

• 221 F. 413
• 137 C.C.A. 211
• 1915 U.S. App. LEXIS 1347

Syllabus

<p>1. Shipping @^>84—Injuries to Servant—Independent Contractors.</p> <p>Where the owners of a vessel engaged a contracting stevedore to load its cargo of cotton at so much per bale, and the stevedore employed a foreman, who picked his own crew, there was no privity of contract between the foreman and the owners of the vessel, which rendered the latter liable as masters for injuries to the foreman.</p> <p>[Ed. Note.—For other cases, see Shipping, Cent. Dig. §§ 342, 349-351; Dec. Dig. <g=»84.</p> <p>Who are independent contractors, see note to Atlantic Transport Go. v. Coneys, 28 0. 0. A. 392.]</p> <p>2. Shipping <@^>84—Liability of Vessels—Injuries to Stevedore—Defective Appliance.</p> <p>Where a foreman, employed by a contracting stevedore to load a vessel, was injured by the breaking of a rope sling furnished by the vessel for the work, the owner was liable if the rope, when furnished, was not reasonably suitable for the purpose, but was not liable if the defective condition of the rope arose during the progress of the work.</p> <p>[Ed. Note.—For other cases, see Shipping, Gent Dig. §§ 342, 349-351; Dee. Dig. <3=»84.]</p> <p>8. Shipping <©=»86—Liability of Vessels—Injuries to Stevedore—Evidence.</p> <p>On a libel by a foreman, employed by a contracting stevedore, who was injured by the breaking of a rope furnished by the vessel, evidence that at the time the rope broke, after it had been used for several days in loading the vessel, it appeared old and defective, was not evidence that it was defective when it ivas furnished, since the character of use was such, that it might have become worn after it was furnished.</p> <p>[Ed. Note.'—For other cases, see Shipping, Cent. Dig. §§ 343, 353-360; Dec. Dig. <®=>86.]</p> <p>«gnxpFor other cases see same topic & KEY NUMBER in all Key-Numbered Digests & Indexes</p>