Massa v. Nippon Yusen Kaisha

Pound, Ch. J.

Plaintiff was working, not for defendant, but for a stevedoring contractor in loading drums of oil on defendant’s steamship. The stevedore’s men had been working for three days when an accident happened. A part of the rigging used in loading the drums fell and struck plaintiff. No negligence on the part of defendant was shown. The hoist rigging was in the custody and control of the stevedoring company. The judge charged the jury: “ the happening of the accident creates a presumption that the defendant did not have a safe appliance.” In other words, the case was presented as being…