Lockhart v. Martin

This is an appeal from a judgment of nonsuit.

Plaintiff was a passenger for hire on defendant’s fishing boat “Sport Fisher.” Plaintiff was an experienced fisherman and had fished many times on this boat. It was the practice of the operators of the boat to anchor it in a particular spot for a period of time for fishing and then move to another location. There were anchovies and other bait on board in a tank where each fisherman would get his bait as he needed it. Plaintiff had gone to the bait tank for live bait many times on the day in question prior to his fall. At various times plaintiff had…