Livingston

Action to recover damages for a personal injury alleged to have been suffered by plaintiff in consequence of negligence of defendant. Trial by jury. Verdict in favor of plaintiff, assessing damages at twelve thousand five hundred dollars, on which judgment was rendered. Appeal by defendant from the judgment, and from an order denying a new trial.

In October, 1891, the defendant was owner of the steamship Haytien Republic, then engaged in carrying passengers and freight from San Francisco to various northern Pacific ports in British Columbia, Oregon, and Washington, and thence back to San Francisco; and for that purpose was supplied by defendant with the ordinary complement of officers, sailors, and servants. G. W. Brown was captain, George W. David, mate, and the plaintiff a servant in the steward’s department, whose principal duty it was to serve as waiter at the officers’ table, but also to perform such other services as ordered by the steward.

*261 At the time of the accident in which plaintiff was injured, October 22, 1891, the ship was moored at the wharf in Departure bay, where it was taking in a cargo, , or partial cargo, of coal. The shippers of the coal were moving it…