209 F. 712 | N.D. Cal. | 1913
Libelant was injured while in the employ of the Western Fuel Company discharging a cargo of coal from the steamer Queen Elizabeth. The vessel was under charter to the Western Fuel Company, which had full charge of her for all the purposes attending the discharge of her cargo. The libelant was, with others, directed by the foreman to climb the cargo battens in order to dislodge the coal that had settled behind them. When 12 or 15 feet from the bottom of the hold one of the battens supporting him gave way because of a broken cleat, and he fell to the bottom, receiving serious injuries. He brought this action against the vessel, and in the state court brought another action against the Western Fuel Company to recover damages for the same injuries. This latter action resulted in a compromise by which he was paid $1,250; and it is urged that this payment precludes him from recovering here. It is quite possible that under all-the facts elicited at the trial concerning libelant’s settlement with the Western Fuel Company such settlement may be a bar to his recovery here, but it does not seem to me at all necessary to determine this question, as I am of the opinion that if there were any liability, the Western Fuel Company wa„s solely liable. It is sought to fix a liability, on the ship, upon the well-known principle that an employer is bound to furnish his employé with a reasonably safe place in which to work. That principle is not questioned. Even when, as here, the employé is not working for the ship, if the ship does supply the place in which
The libel will therefore be dismissed.