Brady v. Black Diamond S. S. Co.

CONGER, District Judge.

This is a negligence action by a stevedore against the Black Diamond Steamship Company, owners of the vessel Black Hawk, upon which he was injured. The plaintiff alleges that the defendant owner failed to cover an open hatch, or failed to put up guard ropes or stanchions around the open hatch, and he, the plaintiff, being lawfully aboard the ship stowing cargo, was injured by falling, through the hatch into a lower hold of the ship.

The owner served a third-party complaint on the Isthmian Steamship Company, time charterers of the vessel, alleging that under the terms of…