Mellen v. Thomas Wilson Sons & Co.

This is an action to recover for injuries caused by falling down a hatchway, alleged to have been insufficiently lighted, on the British steamship Martello, while upon the high seas. The plaintiff was employed on board as a coal trimmer, and at midnight, when the accident happened, had finished his work and was going forward to his berth. The ship lurched, he stumbled and fell headlong upon the forward part of the hatch, got up, groped, made a step and fell into the hatchway. The judge directed a verdict for the defendant.

We cannot say that the plaintiff was negligent before his first fall,…