The General De Sonis

Citations

• 179 F. 123
• 1910 U.S. Dist. LEXIS 273

Syllabus

<p>1. Shipping (§ 84*) — Master's Liability for Injury to Third Person by Negligence op Servant — Scope op Employment.</p> <p>The second, mate of a vessel, in volunteering to assist the employes of a stevedore in replacing a hatch cover, whieh was the duty of the stevedore’s men, was not acting as representative of the ship’s owner or master, having authority to fasten responsibility on them under the rule of respondeat superior, and they cannot be held, liable for an injury to one of the men through the mate’s negligence.</p> <p>[Ed. Note. — For other cases, see Shipping, Cent. Dig. §§ 342, 349-351; Dec. Dig. § 84.*]</p> <p>2. Shipping (§ 87*) — Liability op Vessel por Tort — Negligence op Master or Crew.</p> <p>By the maritime law a ship in commission and her officers and crew are unified, so far that for maritime torts, whether the ship is the instrument by which an injury is inflicted, or the injury is the consequence of a negligent or mischievous act of her captain or any member of her crew, a maritime lien attaches to the ship, which entitles the injured to recover compensation by a suit in rem.</p> <p>[Ed. Note. — Eor other eases, see Shipping, Cent. Dig. § 340; Doc. Dig. § 87.*]</p> <p>3. Shipping (§ 84*) — Liability oe Vessel por Tort — Negligence op Mate-Contributory Negligence — Division op Damages.</p> <p>Libelant, with other employés of a stevedore, were engaged in replacing a hatch cover on a vessel, when a mate volunteered to assist, and through his negligence and that of libelant the hatch cover was caused to fall with them, and libelant was injured. Held, that the ship was liable for the negligence of the mate, and that libelant was entitled to recover half damages.</p> <p>[Ed. Note. — Eor other cases, see Shipping, Cent. Dig. §§ 342, 349-351; Dec. Dig. § 84.*]</p> <p>4. Negligence (§ 1*) — Nature and Elements — Degrees.</p> <p>The degree of negligence necessary to fasten liability upon a person is that degree which is equivalent to lack of such car