Anderson

This is an appeal from a judgment and order denying a new trial.

The plaintiff was a sailor employed on a vessel of the defendant named “Arrow,” carrying freight and passengers between San Francisco and Vallejo. The plaintiff entered upon this employment on February 5, 1911. On the night of March 12, 1911, he was sent ashore at Vallejo for the purpose of catching a heaving line to be thrown to him from the vessel, and which was attached to the hawser with which it was about to be moored at the defendant’s wharf. The end of the heaving line which was to be cast ashore had in it an iron or steel spike about a quarter of an inch in diameter and about six inches long, around which the rope was wound and knotted in such a manner as to leave a small portion of the sharp end of the spike exposed. When the plaintiff had gone ashore and had signified to one of his fellow-employees on the vessel as to about where he was the line was thrown in his direction, when the end of it in which was this spike struck the plaintiff, the sharp point of the spike penetrating one of his eyes and destroying the sight thereof. The evidence in the case disclosed that this particular heaving line was a part…