180 F. 288 | W.D.N.Y. | 1910
This is a libel in rem against the steamer P. P. Miller and the steamtug Yale to recover damages for injuries sustained in November, 1908, by the libelant, who was employed as a deck hand on board the steamer through, the asserted negligence of both the steamer and the tug. The steamer was tied fast to the Lack-awanna coal dock at Buffalo preparatory to departing on a trip up the lakes, and just before the accident the libelant and two other seamen were directed by the mate of the steamer to pass the harbor line to the tugboat Yale, which had been engaged to tow the steamer out to the open lake. One of the seamen sent forward to handle the lines lifted the tow line from the breast hook, and thrust the end through the forward chock on the right-hand side of the vessel, and about 40 or 50 feet of the line had been passed out. Meanwhile the libelant was directed by the mate to unhook the chain bridle, which was at the inboard end of the tow line, when suddenly, and while thus engaged, the tow line without warning forcibly and rapidly ran out through the starboard chock. The libelant in an endeavor to escape the entanglement had his left leg severed from his body in the bight of the line,
As to the responsibility of the steamer: The testimony of the libel-ant that he informed the mate of the P. P. Miller who employed him that he was inexperienced, and not familiar with the duties of deck hand, or with handling the lines, is contradicted by the mate. Libel-ant admits that he expressed a wish to ship as a common seaman, and also that he had an extended experience of eight or nine years, as fireman on ocean steamers. Indeed, his testimony shows that he had been an employé of vessels in different capacities since boyhood, though probably not as deck hand, having sailed to India, South America, around the Horn and generally around the world. It is not conceivable that his ignorance of the duties of deck hand extended to his utter inability to propqrly handle a tow line so as to entitle him to invoke the rule of negligence of the vessel for failure to properly instruct him’ in the dangers of the employment. He is an intelligent workman,- and knew enough about the handling of lines to understand the obvious dangers from employment of this description. Plence there was no duty on the steamer to warn or instruct him against any obvious dangers. She did not insure his safety, and her obligation to him was fulfilled when a reasonably safe place was provided for him to work in. True, the vessel under certain circumstances is obliged to care for a seaman injured in its service while sick, to cure him, and furnish maintenance so long as the voyage continues (The Osceola, 189 U. S. 158, 23 Sup. Ct. 483, 47 L. Ed. 760), but .no recovery is sought on that ground, and, in view of what follows regarding the sole liability of the tugboat, this rule has fio application. In my judgment there was no negligence on the part of the steamer contributing' to libelant’s unfortunate injury, and as to her the libel must be dismissed.
The case, however, as to the Yale stands differently. It is clearly shown that the master of the tug should have known that there were seamen handling the line in the windlass room of the steamer at the time the tug took a quick pull on the line. He could not see the libel-ant or his associate, and they were unable from where they stood to see the tug without first looking through the port light. The witnesses for the respondent, Hazen and O’Neil, testified that the line became jammed in the chock of the steamer, but the master of the tug testified that he was not so informed. His version is that, as soún as the line was made fast on the timber.head of the tug, he started ahead a short distance without giving notice to the steamer because it was his custom to take the tow line of the steamer in that way; that customarily a slack was taken on the line by working the engine ahead; that whenever the line became jammed in the chock it was his custom
Under the circumstances I think an award of $5,500 for the injuries he has sustained, the pain and suffering, the expense of his cure, the 'loss of time, and his inability to earn his usual wage would not be unreasonable.
A decree may be entered accordingly.