Donald E. Barker v. Grace Line, a Corporation

This case was tried to a jury. The complaint contained several counts. The first count alleged negligence on the part of the defendant Grace Line and the third count alleged unseaworthiness, as the cause of the appellant’s injuries. The appeal concerns these two counts only. On the first alleged cause of action for negligence the jury found for defendants. The trial court dismissed the third cause of action upon motion of the defendant Grace Line.

Appellant was a purser and crew member of appellee’s vessel Santa Flavia While the vessel was tied up at the port of Manzanillo, Mexico, Barker decided to go into town and get a haircut about ten o’clock in the evening of the day in question. Barker went ashore, descended the gangway to the dock and walked down the pier to a place where there was an entrance from the pier to the street. The pier was lighted but after he left it and was walking in a dark place toward the street he fell into a hole which was two feet deep and two feet in diameter. This hole was between 75 and 100 feet from the bow of the vessel, according to the appellant’s assertion, and 150 feet from the bow of the vessel according to the defense.

The appellant’s brief…