134 F. 146 | E.D.N.Y | 1904
The libelant was a stevedore employed by persons who had engaged to load the ship. The cargo was lowered through the upper hatch, and allowed to rest on the fore section of the between-decks hatch, and thence shifted into its proper position. The fore part of the hatch was covered by five hatch covers, placed athwart-ships. There was under them but one fore-and-after, placed at about one-third of the distance from the port side of the hatch. Another fore-and-after towards the starboard side of the hatch was required, but it was not in place. The athwartship iron beam was in place near the middle of the hatch, but there were no fore-and-afters in the after-part of the hatch, although several hatch covers were laid longitudinally across the after-part of the hatch, one end resting on the aft coaming and the other on the athwartship beam. It appears that several ■ of the longshoremen were engaged in trying to find the remaining fore-and-afters, but after diligent search could not do so, and reported the fact to Downey, their foreman, who was on the upper deck. He, as claimed, called the attention of the third mate to it, who said that the fore-and-afters were down there. Thereupon the foreman told the men to look again, but upon their reporting that they could not find them Downey again spoke to the mate, who, as Downey affirms, stated that, “The hatches will fit anyway.” Thereupon the men were ordered to put on the hatch covers, and they did in the manner stated. It appears that some nine hatch covers were put on — five athwartships in the manner stated and four lengthwise over the aftersection of the hatch — but that only a few of them had any numbers, and these were not consecutive numbers. Several of the hatch covers showed that they had been repaired recently, and bore no numbers whatever. The
The libel should be dismissed.