Madden
Madden v. Occidental & Oriental Steamship Co.
Opinion
Lead Opinion
Works, J.
— This is an action by the appellant against the respondent for damages for the death of her husband, claimed to have resulted from the negligence of the appellant. The deceased was the employee of the respondent, engaged in loading one of its ships.
The amended complaint alleges: “ That on the eighteenth day of October, A. D. 1886, the said Patrick Madden was an employee of the said defendant, employed by it and for it, on the lower deck next above the lower hold of the ship Belgic (one of said ships), at the mail dock or wharf in the said city and county of San Francisco, as a laborer, assisting to load said ship by stowing cargo; that on the said eighteenth day of October, A. D. 1886, and while said Patrick Madden was engaged at said work, on said lower deck of the ship, as such laborer, four bales of cotton goods, each bale firmly packed so as to form a solid body, weighing from about 180 to 250 pounds avoirdupois, were, by means of a sling manufactured of rope, hoisted and worked by block and tackle and operated by steam-power, transferred from said dock or wharf to the main-deck of said ship, at the hatchway known and designated as hatchway No. 5, the said sling, block, and…