The Elton

Citations

• 131 F. 562
• 1904 U.S. Dist. LEXIS 220

Syllabus

<p>1. Shipping — Injuries to Stevedores — Negligence.</p> <p>Plaintiff, an employé of the stevedore engaged in discharging a vessel, was injured by the sudden descent of a tuh loaded with iron ore after it had been raised about 14 feet. The tub was raised by means of a steam winch in charge of a seaman who had knowledge that men were working below, and that a sudden lowering of the bucket for the entire distance would probably result in injury to them. He was in the habit, after raising the bucket part way, to lower it a few feet, to steady it, but in this instance it descended suddenly, as if it “had been dropped.” The signalman testified that proper signals were given, but that the winchman disregarded the signals, and by mistake pulled the lever to lower the bucket. He, however, testified that he received the wrong signal. Held, that the injury was occasioned by the negligence of the winchman.</p> <p>2. Same — Incompetent Servant.</p> <p>Where a negligent person is placed by a master in a position requiring care and caution, such person is incompetent, and the master is liable therefor.</p> <p>3. Same — Fellow Servants.</p> <p>A sailor placed at the winch by the officers of a vessel, in compliance with the charter party requiring the ship to furnish cranes and winches, with necessary steam power and hands for unloading, is not a fellow servant of the employes of a stevedore engaged in discharging the vessel.</p> <p>¶ 3. Who are fellow servants, see notes to Northern Pac. R. Co. v. Smith, 8 C. C. A. 668; Canadian Pac. Ry. Co. v. Johnston, 9 C. C. A. 596; Flippin v. Kimball, 31 C. C. A. 286.</p> <p>See Master and Servant, vol. 34, Cent. Dig. § 485.</p>