Harry L. Marshall, Jr. v. Westfal-Larsen & Co., General Steamship Company and Bjarne Sellevald

This is an appeal from the judgment of the District Court denying recovery to Marshall, who, as a passenger upon a ship, sustained injuries as a result of jumping from a ladder onto a barge in disembarking from a ship lying in a harbor. Hon. Michael J. Roche, the able trial judge, who has had a long judicial experience, found that the injuries were proximately caused by and were the result of the negligence of Marshall, since he did not use the care of a reasonable and prudent person in disembarking. It was also found that the accident was not caused or contributed to by act or omission of the Master, officers, crew or employees or by any unseaworthiness of the ship. There were further findings that Marshall had failed to prove that a safe means of disembarking was not furnished, that reasonable means were not taken to safeguard Marshall, or that efficient officers and employees were not provided to superintend and supervise his disembarkation.

The question was one of fact, which has been resolved in the trial court.

There was evidence adequate to establish the facts which the court found. Marshall was a paid passenger aboard the M. S. Hardanger, which was owned and operated by…