159 F. 552 | E.D. Va. | 1908
The steamer Ocracoke is operated by the Old Dominion Steamship Company, in its local service between the city of Norfolk, via Newport News, and Smithfield, Va., between which places it makes a round trip daily. On the early morning of March 8, 1907, the libelant took passage on this steamer at Norfolk for Newport News. At the latter place, the steamer stops at Pier No. 6 of the Chesapeake & Ohio Railway Company, upon signal to discharge and receive freight, and then proceeds some distance further up the harbor to Pier A, the regular Old Dominion pier, which it seems is the regular passenger landing. The libelant was making his first trip on this steamer, and did not know of the two places of stopping at Newport News. En route from Norfolk, he observed several passengers, one of whom he knew, but he did not join any of them. Soon after leaving Norfolk, the libelant purchased his ticket through the stewardess, being informed that there was no purser on hoard, and shortly before arriving at Pier 6 in Newport News the captain of the steamer collected his ticket. Upon approaching Pier No. 6 libelant observed four or five of the persons above referred to proceed to the main deck, apparently to leave the vessel at Newport News, and he followed them for the same purpose. As the steamer reached the pier, a colored deck hand, having removed the gangway railing, jumped from the boat
The conclusion reached by the court upon this whole evidence is that the libelant is entitled to recover for the injuries sustained; that, as a passenger upon this steamer, he had the right to assume under the circumstances that this was the place of landing at Newport News; •and that the respondent utterly failed to take due and proper care to provide for passengers landing from the steamer, by the employment •of proper employes to render süch services, either in the matter of informing passengers as to the place of landing or making a safe landing, and, on the contrary, by the course of conduct of its employés, and the sole representative that was then engaged in the double purpose of making fast the ship and landing passengers, invited and caused the libelant to alight as other passengers had done immediately preceding. Respondent suggests the deafness of the libelant, as also weakness in one of his legs, which interfered with his getting ashore. An examination of the libelant, certainly by one who heard him testify and observed his movements, would readily dispel the force of either of these contentions, as there was apparently n°o deafness, and while there was a slight stiffness in one of his knees there was no such condition as materially affected him in stepping from the deck of the steamer to the pier on the occasion in question, and certainly none such as would tend m any respect to relieve the respondent from liability it may have incurred by reason of placing him in the position of having to make the step. Respondent also introduced a number of witnesses to prove the statement of libelant immediately after the accident as to the cause thereof, and in which it is alleged he blamed himself therefor. The statements of all these witnesses are entirely consistent with what the libelant says, namely, that if he made any such statement in his then
The damages to be awarded is as usual difficult to estimate. Libelant was most seriously hurt, and suffered greatly, and his head is. somewhat permanently disfigured. Why he was not killed is a miracle. His head was terribly lacerated and torn; his life greatly endangered. He supposed that his brains were oozing out. To every one his skull appeared to be crushed, and, fortunately, it was not, as the doctor after a careful examination discovered. The flesh wounds were most painful and serious. He was confined to his house some three weeks, and from his business about a month; but having the constant care of competent physicians, he has apparently recovered from permanent injury, though he still suffers occasionally with his head. He is a man of large business affairs, was detained a month from his work, had incurred doctors’ bills of some $185, lost certain of his effects — clothing and apparel, including his gold eyeglasses — $20 in currency from his person, and a valuable overcoat, and, besides, suffered great pain and anxiety, and may yet suffer as a consequence thereof, on account of all of which the court thinks an award of $1,700 would be reasonable., and a decree may be entered therefor.