The Satilla

Citations

• 221 F. 949
• 1915 U.S. Dist. LEXIS 1632

Syllabus

<p>1. Master and Servant <g=»31G—Master’s Liability for Injury to Third Versons—Work of Independent Contractors.</p> <p>Stevedores, contracting to load a ship under the instructions of the owner, but who are only instructed generally as to the work to be done, which they control and direct, furnishing their own employes, including wiuehmen, to operate the ship’s winches, are not employes, but independent contractors, for whose negligent* the shipowner is not responsible.</p> <p>fKd. Note.-—For other cases, see Master and Servant, Cent. Dig. §§ 1242, 12 t.‘i; Dec. Dig. <S=»31G.]</p> <p>2. Shipping <S=s>80 —Liability of Vessel — Negligence of Independent Con it. acting Stevedores.</p> <p>A winch furnished by a ship for the use of contracting stevedores in loading s tool rails fro in a lighter was defective, and sometimes stuck when in use, lmt could be operated with reasonable safety, with care. The defect was known 1o the ship, and also to the stevedores, who furnished the winchman. When a sling of rails was being hoisted, the winch stalled, and the winchman struck the drum with his hand, producing a jerk, which caused, the rails to slip from the sling, striking and sinking the lighter. The jerk could have been avoided if the winchman had used a Coot, lever, with the working of which he was familiar. The sling load also was not made up as safely as was sometimes customary when there was danger that the load would slip. Held, that the ship was not liable for the injury to the lighter, but that the stevedores, using the winch with knowledge of its defect, were responsible for its careful operation, and liable for the negligence of their employés.</p> <p><j£s»Por other ea.«es see topic & KEY-NUMBER in all Key.Numbered Digests & Indexes</p> <p>[Ed. Note.—For other cases, see Shipping, Cent. Dig. §§ 335, 341, 352; Dec. Dig. <@=»80J</p> <p>(g^Far other cases see same topic & KEY-NUMEER in all Key-Numbered Digests & Indexes</p>