Legal Opinion

The Slingsby

Court of Appeals for the Second Circuit

Decided January 8, 1903No. 50PublishedCited by 29 opinions

Appeal from the District Court of the United States for the Eastern District of New York. This cause comes here upon appeal from a decree in fávor of libel-ant against the steamship Slingsby for personal injuries sustained while engaged in discharging cargo. The cause of the injury was alleged to be the negligent starting of the winch without orders, while the libelant was assisting in tightening up the rigging and tackle used in connection with the hoisting derrick.

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Appeal from the District Court of the United States for the Eastern District of New York. This cause comes here upon appeal from a decree in fávor of libel-ant against the steamship Slingsby for personal injuries sustained while engaged in discharging cargo. The cause of the injury was alleged to be the negligent starting of the winch without orders, while the libelant was assisting in tightening up the rigging and tackle used in connection with the hoisting derrick. The facts relevant to the assignments of error are sufficiently set forth in the opinion.

1Opinion of the Court

LACOMBE, Circuit Judge.

It is contended that the court erred in holding that the proof showed that the winchman, Johnson, negligently started up the winch without orders. This assignment of error is without merit. The winchman, a foreign sailor, had disappeared before the trial, and his testimony was not produced. Libelant, however, called other men who were employed about the work, and who neither heard nor saw any orders; orders are sometimes given by waving an arm. In addition to that, another employé of the stevedores, also named Johnson, testified that he was the one who gave ■orders to…

2Cases cited7 opinions

  1. Wyllie v. . PalmerNew York Court of Appeals · 1893
  2. Higgins v. . Western Union Telegraph Co.New York Court of Appeals · 1898
  3. Coughlan v. City of CambridgeMassachusetts Supreme Judicial Court · 1896
  4. Murray v. . DwightNew York Court of Appeals · 1900
  5. Grasso v. The LisnacrieveDistrict Court, E.D. New York · 1898

2 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. Leopard Marine & Trading, Ltd. v. Easy St. Ltd.Court of Appeals for the Second Circuit · 2018
  2. Raymond P. Ward v. Atlantic Coast Line Railroad CompanyCourt of Appeals for the Fifth Circuit · 1959
  3. The VolundCourt of Appeals for the Second Circuit · 1910
  4. Munson S. S. Line v. Glasgow Nav. Co.Court of Appeals for the Second Circuit · 1916
  5. Pablo Marrero Morales, Libellant v. Bull Steamship CompanyCourt of Appeals for the First Circuit · 1960

24 more not listed; retrieve them via the Exa API.

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