Johnson v. The Steamship Zelandia
District Court, D. Alaska
Action in rem to recover damages for personal injuries received by libelant while at work as stevedore on said vessel in unloading cargo from the hold under a hatchway. This case was tried before the court on oral testimony of witnesses produced before the court and upon depositions.
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Action in rem to recover damages for personal injuries received by libelant while at work as stevedore on said vessel in unloading cargo from the hold under a hatchway. This case was tried before the court on oral testimony of witnesses produced before the court and upon depositions. The evidence, in the opinion of the court, establishes substantially all of the libelant’s material allegations, but does not support his allegation that the libelant was an employé of the John J. Sesnon Company. On the contrary, I find that he was hired by the charterers and was in their employ when he was hurt…
1Opinion of the Court
MOORE, District Judge.
A main question under the issue here rises.
Is the libelant or any of his fellow servants convicted by the evidence of negligence in anything done by him or them while loading or hoisting the sling which caused or contributed to cause the libelant’s injuries?
There is an entire absence of evidence in support of respondent’s charge of negligence against libelant, and tending to show that libelant, or his fellow longshoremen, committed or omitted any act suggestive of negligence in the manner of their work in the hold. The libelant, as the evidence shows, entered on his…
2Cases cited17 opinions
- Pullman Palace Car Co. v. LaackIllinois Supreme Court · 1892
- Grand Trunk Railway Co. v. CummingsSupreme Court of the United States · 1883
- Louisville, New Albany & Chicago Railway Co. v. WoodIndiana Supreme Court · 1887
- Coppins v. N. Y. C. & H. R. R. R.New York Court of Appeals · 1890
- Junker v. HustesIndiana Supreme Court · 1888
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