The Helios
District Court, S.D. New York
On the eleventh of September, 1879, the libellant wa's employed in loading the steam-ship Helios. He was working under a foreman who in turn was under the head stevedore. The loading of the lower hold being completed, the foreman asked the first officer of the steamship if they could proceed to stow the between-decks. He replied that everything was ready.
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On the eleventh of September, 1879, the libellant wa's employed in loading the steam-ship Helios. He was working under a foreman who in turn was under the head stevedore. The loading of the lower hold being completed, the foreman asked the first officer of the steamship if they could proceed to stow the between-decks. He replied that everything was ready. The foreman then instructed a gang of men, among whom was the libellant, to go below and close the hatches in the between-decks, and then stow the “oil-cake” in the between-decks. The Helios was a steamer fitted for carrying grain, and had a…
1Opinion of the Court
Brown, D. J.
I cannot entertain any doubt that it was negligence in those having charge of the Helios to leave the chain-locker hatch open and unprotected, as the evidence shows in this case. It was not a hatch for the usual stowage of cargo, such as stevedores must at their peril look out for and are presumed to know about. It had no reference to the cargo, and the stevedores had no business with it, as the evidence shows. When the first mate told the stevedore the vessel was ready for him to proceed to stow the cargo, that was a virtual warranty against all such traps in the darker parts of…
2Cited by18 opinions
- Pope & Talbot, Inc. v. HawnSupreme Court of the United States · 1953
- Hardie v. New York Harbor Dry Dock CorporationCourt of Appeals for the Second Circuit · 1925
- Ahlgren v. Red Star Towing & Transp. Co., IncCourt of Appeals for the Second Circuit · 1954
- Steele v. Grahl-Peterson Co.Supreme Court of Iowa · 1906
- The FalcoCourt of Appeals for the Second Circuit · 1927
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