Robinson v. Pittsburg Coal Co.

Citations

• 129 F. 324
• 63 C.C.A. 258
• 1904 U.S. App. LEXIS 4048

Syllabus

<p>1. Master and Servant — Injuries to Servant — Cause of Injury — Question for Jury.</p> <p>In an action for injuries to a seaman by the breaking of a mast, caused by its being struck by a bucket of ore negligently swung from the hold' by stevedores engaged in unloading a vessel, whether it was the erratic movement of the bucket which caused the accident, or whether the derrick engineer was negligent in attempting to swing the bucket from the hatch to the dock while such movement was going on, was for the jury.</p> <p>2. Same — Fellow Servants.</p> <p>Where a seaman was injured by the falling of a mast, caused by its being struck by a bucket of ore being hoisted from the hold by a derrick engineer employed by a different master from the owner of the vessel, the seaman and the derrick engineer were not fellow servants.</p> <p>3. Same — Proximate Concurring Cause.</p> <p>Where a seaman was killed by the falling of a mast after it was struck by a bucket of ore negligently hoisted from the hold of the vessel by an engineer employed by another master to unload the vessel, in the absence of proof that the mast was not sufficiently strong to stand all the uses for which it was designed, and, if it had been entirely sound, it would have sustained, without breaking, the strain put upon it by the blow from the loaded bucket, the fact that the mast had become decayed was not a proximate cause of the accident.</p> <p>Í 2. See Master and Servant, vol. 34, Cent. Dig. § 485.</p>