The St. Gothard

Citations

• 153 F. 855
• 83 C.C.A. 37
• 1907 U.S. App. LEXIS 4461

Syllabus

<p>Shipping — Stevedores—Injuries—Negligence of Ship.</p> <p>Plaintiff, a stevedore engaged in unloading ba£s of sugar from the hold of a vessel, was injured by the falling of a sling caused by the breaking of the rope fall as the sling caught under the coamings of the between-decks hatch. The fall provided for use at such hatch was made of wire, but shortly before the injury the stevedores not employed by the ship had substituted the rope fall in order to use the wire fall at another hatch. The rope was a four-inch one, and, if properly used and inspected, was fully capable of the work in hand. The ship had also provided an abundance of spare falls, both wire and rope, which were at the service of the stevedores whenever any fall indicated that a change was required, and the ship’s officer, on noticing the change, asked concerning it, and the foreman replied that the wire fall was wanted elsewhere, and that the rope was quite good to lift anything they wanted to lift. Held, that the ship was not negligent nor responsible for the breaking of the rope.</p> <p>[Ed. Note. — For cases in point, see Gent. Dig. vol. 44, Shipping, § 350.J</p>