Lockhart

This is an appeal from a judgment of nonsuit.

Plaintiff was a passenger for hire on defendant’s fishing boat “Sport Fisher.” Plaintiff was an experienced fisherman and had fished many times on this boat. It was the practice of the operators of the boat to anchor it in a particular spot for a period of time for fishing and then move to another location. There were anchovies and other bait on board in a tank where each fisherman would get his bait as he needed it. Plaintiff had gone to the bait tank for live bait many times on the day in question prior to his fall. At various times plaintiff had observed anchovies and other bait on the deck of sport fishing boats; he had himself upon occasion dropped live bait on the decks of such boats and had seen other fishermen do likewise. It was the custom on the Sport Fisher for the fishermen to change from one fishing post to another from time to time. Plaintiff had been fishing on the right side of the boat when the fishermen were notified to change positions. He thereupon went to a new location on the left side. When plaintiff made his move to the left side there was no bait on the deck in the area of his new location. Plaintiff was at…