Kennedy v. Netherlands American Steam Navigation Co.

*619The opinion of the court was delivered by

Gummeke, Chief Justice.

This action was brought to recover damages for the death of plaintiff’s intestate, John Kennedy, which occurred while he was in the employ of the defendant company as a coal shoveler. The work in which he was engaged was trimming coal on the defendant’s steamer “Staatendam,” on what is known as the “between decks,” while the steamer was at the Hoboken docks. In order to get to this part of the vessel it was necessary to climb down a ladder from the main, or upper, deck, to the next deck below known as the spar deck, and thence…