Henderson v. Ocean Steamship Co.

Russell,' C. J.

Robert Henderson was employed by the Ocean Steamship Company as a gang-man or laborer in loading one of its vessels. While going from an upper deck to one of the lower decks of the steamship “City of Memphis,” where he had been ordered to work, he fell through an open cargo-hatch from the lower deck to the hold of the ship, and his arm was broken by the fall. In his petition he charged negligence on--the part of the defendant in failing to keep the hatchways closed when not in use, and by an amendment alleged that the defendant knew or ought to have known of the condition of…