Manson v. Miller

ANDERSON, Circuit Judge.

This is a libel in rem to recover for personal injuries suffered by the appellant, who, on July 2, 1914, fell through an open hatch into the hold of the schooner Pochasset.

The Pochasset was a schooner 112 feet long, bound up the Hudson river to Albany as a part of a tow of 2 schooners ’and 26 barges. Manson was shipped as cook' in the afternoon of July 1, while the Pochasset was in the stream off New York City. He went on board with the captain in the early evening, and turned in about 9 o’clock. He testified to the effect that he rose about 4 o’clock to get breakfast;…