Tomachio v. Carter & Weekes Stevedoring Co.

The complaint was dismissed because the plaintiff was injured through the negligence of a fellow-servant. The plaintiff claims that the winch, although suitable for the work in hand, was unsafe and improper to do the work because it had been wound and set up to be operated in the reverse of the customary method, and so an undue burden was placed upon the winchman who was not accustomed to working a winch in that manner, and that because of this, plaintiff’s working position became unsafe. The winchman operating the machine was on the deck; the plaintiff and other employees were in the hold…