Henry Ferguson v. Moore-Mccormack Lines, Inc.

MEDINA, Circuit Judge.

Plaintiff was a baker engaged at the time of the accident in serving ice cream in the galley on C deck of defendant’s SS Brazil. Using the standard ice cream scoop provided for the purpose, plaintiff disposed of the contents of a half used tub and had worked his way about half way down a full additional tub. There he found the ice cream “as hard as a brickbat,” and the scoop became useless. So it occurred to plaintiff that about a foot and a half from where he was serving and “kept underneath the griddle” was a butcher knife, about eighteen inches long and as sharp as a…