The Saratoga
Court of Appeals for the Second Circuit
Appeal from the District Court of tbe United States for the Eastern District of New York.' This cause comes here upon appeal from a decree of the district* court, Eastern district of New York. The suit was brought to recover damages for personal injuries sustained by libelant in consequence of a fall through an open hatch. The district court held both parties in fault, and divided the damages it assessed ($1,000) equally between them. 87 Fed. 349. The claimant has appealed.
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Appeal from the District Court of tbe United States for the Eastern District of New York.' This cause comes here upon appeal from a decree of the district* court, Eastern district of New York. The suit was brought to recover damages for personal injuries sustained by libelant in consequence of a fall through an open hatch. The district court held both parties in fault, and divided the damages it assessed ($1,000) equally between them. 87 Fed. 349. The claimant has appealed. The facts sufficiently appear in the opinion.
1Opinion of the Court
LACOMBE, Circuit Judge.
Plaintiff was one of a gang of about 20 men who were engaged in coaling the steamer while she lay at the pier, the coal being taken aboard through a port on her off-shore side. The coal was elevated from a scow or coal barge, and run through the port by means of a chute which led into the between-decks. It was shoveled into wheelbarrows, wheeled to the bunkers, and stowed therein. The forward ports, through one of which the coal came, are on each side of the vessel, from 35 to 50 feet aft of the forward hatch. The ship was 30 feet wide between decks. ¡Immediately…
2Cases cited1 opinion
- Nelson v. The ManhansetDistrict Court, E.D. New York · 1892
3Cited by26 opinions
- Panama R. v. JohnsonCourt of Appeals for the Second Circuit · 1923
- F. W. Woolworth Co. v. DavisCourt of Appeals for the Tenth Circuit · 1930
- Riley v. Agwilines, Inc.New York Court of Appeals · 1947
- Hardie v. New York Harbor Dry Dock CorporationCourt of Appeals for the Second Circuit · 1925
- Long v. Silver Line, Ltd.Court of Appeals for the Second Circuit · 1931
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