Doyle

This is an action for damages. It was occasioned by respondent falling into the hold of a vessel, through a ballast hatch in the lower deck. This hatchway, it is claimed, without the knowledge of respondent and without notice to him and when he had reason to believe and did believe it was closed, was left open and unprotected and without any lights about it, through the negligence of appellants, who were stevedores engaged in ballasting said vessel. Defendants in their answer, either positively or on information and belief, denied the material allegations of the complaint and alleged that “immediately after said hatch was uncovered and before said accident the employees of these defendants put a guard and fender around it and also placed lights near by it, which lights were burning at the time plaintiff fell into said hatch.”

The case was tried before a jury. A verdict in favor of plaintiff for $7,500 was rendered. Defendant appealed from the judgment and the order denying their motion for a new trial and also from an order refusing to strike from plaintiff’s memorandum of costs the item of $100, “alleged legal percentage on the judgment in favor of plaintiff herein.”

At the…