Trim v. Fore River Ship Building Co.

The plaintiff, as administratrix, seeks to recover damages for the conscious suffering and death of her husband James W. Trim, an employee of the defendant, who was injured while working near the bottom of the boiler room hatch of an uncompleted vessel. This hatchway was wholly sheathed in, forming a casing for the smoke stack, and was open at the top. Trim was killed by an angle iron, one hundred and five pounds in weight, falling on him from above.

The defendant concedes that the deceased was in the exercise of due care, and that he did not assume the risk; but it contends that the plaintiff…