136 F. 502 | E.D. Pa. | 1905
This is an action brought by the widow of John M. B. Ward, quarantine physician at Marcus Hook, on the Delaware river, against the owner of the steamship Euxinia, to recover damages for personal injuries sustained by the libelant’s intestate in falling through a coal bunker hatch on the respondent’s steamship on January 21, 1903. The accident resulted in the death of Dr. Ward. At the time of the accident the vessel was in the Dela
Contributory negligence is a defense in a federal court, but the burden of proof is upon the defendant. The presumption that the decedent observed due care is in his favor. Wabash Railroad Co. v. Central Trust Co. (C. C.) 23 Fed. 738. If Dr. Ward knew and appreciated the danger surrounding him, which caused the injury, .then he may be held to have voluntarily assumed the risk; but mere notice that there was some danger, without appreciating the extent of it, will not
Pet a decree be drawn in favor of the libelant.