Smith v. Occidental & Oriental Steamship Co.

The plaintiff, while employed as a stevedore upon the defendant’s steamship Oceanic, on the 17th of November, 1889, fell through an open hatchway, breaking his leg and sustaining other serious injuries, and brought this action to recover damages therefor, alleging that they were caused by the negligence of the defendant. The jury rendered a verdict in his favor for three thousand dollars, and from the judgment thereon and an order denying a new trial the defendant has appealed.

On the morning of that day the defendant with several others was directed by the foreman of the stevedoring work of the defendant to go down to the hold of the vessel for the purpose of stowing away a cargo of coal that was to be loaded from another vessel alongside. The hatchway on the main deck was closed and the men were compelled to go forward and down to the steerage deck, and then along this deck about twenty-five feet to a stairway leading to the orlop deck, and after going down these steps, go along the orlop deck to the hatchway, where there was a ladder leading to the hold; The foot of the steps to the orlop deck was about ten feet from the coaming of the hatchway, and there were two or three…