Foster v. Moore-McCormack Lines Inc.

FRANK, Circuit Judge.

1. The jury having returned a verdict in favor of appellee, appellant contends that appellee failed to prove a prima facie case of negligence. We do not agree. There was sufficient evidence for the jury to conclude that appellee fell into a recess or hole in the ship’s fire-room, a hole ordinarily covered by a grating, but which was open, having been left open by appellant, although appellant left the jury in the dark as to why.

The open hole was lighted, to be sure, at some point of time; but, in the light of the verdict, we must take it as true, because there was…