Witthof v. The American Barkentine Fullerton

Citations

• 3 D. Haw. 246

Syllabus

<p>Master and servant — Duty of the master as to the safety of the servant — Liability of master: It is the duty of the employer to furnish the employe with a reasonably safe place in which to work, and safe machinery and appliances to work with, and for his failure to do so, whereby the servant is injured, the employer is liable to him in damages.</p> <p>Shipping — Difficulty in procuring safe appliances — Assumption of rislc by master: When the agents of a ship, because of the impossibility of fully equipping her with safe appliances for the use of the crew without serious delay, send her to sea with unsafe and defective appliances, knowing them to be defective, they assume for the ship the risk of all damages that may result from the use of such defective appliances, including damages for injuries to any of the crew who may be injured thereby.</p> <p>Seamen — Injuries at sea — Release of master’s liability: In such a case the ship may be relieved from such liability, First, when, before the beginning of the voyage any of the crew who are afterwards injured in consequence of such defeet, become acquainted with such defect and understand its danger to those who may have to use the appliances in which it exists, and have an opportunity of withdrawing from the service of the ship; second, when a member of the crew who knows of such defect and understands its danger voluntarily or carelessly and recklessly exposes himself to the danger and is injured.</p> <p>Same — Injury in service — Duty of ship to malee most accessible port: When a member of the crew of a vessel is so injured at sea that obviously life or limb is in serious danger without prompt surgical assistance, of which a master is presumed to know, and there is a probability of being able to reach another port in less time than to reach the port for which the ship was cleared, and in time for the relief of the injured seaman, it is the duty of the master to proceed to sueh other port, regardless of considerat