Wholey v. British & Foreign S. S. Co.

CHATFIELD, District Judge.

The libelant, a stevedore, was injured by falling through a hatchway upon the vessel St. Fillans upon the 22d day of June, 1905. The longshoremen with whom Wholey was working had loaded some iron in the hold under the hatchway in question upon the preceding day, and at the close of work Wholey’s fellow longshoremen had replaced the covers to the hatch. Upon the morning in question Wholey’s duties had kept him occupied some distance away from the hatch, and, the gang being called to the upper deck, Wholey stepped upon the cover nearest to where he had been working, in…