Chase

Appeal by plaintiff from a judgment of nonsuit. The complaint alleged that plaintiff was employed by defendants as a stevedore to assist in placing ballast in the ship “John A. Briggs”; that defendants negligently and carelessly left open and unguarded a certain trimming hatch, in a dark and dangerous place on the freight deck of said ship, where plaintiff, “in performing his duties as such stevedore, and in the course of his employment, was compelled to go”; that plaintiff, while in the performance of his duties, fell through said hatchway and suffered the injury complained of. It was alleged that the defendant Chase, was a master stevedore, and that the other defendants were the owners of the vessel.

The evidence, an understanding of which will be facilitated by reference to the accompanying diagram, tended to show these facts:

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The defendant Chase was employed as master stevedore to put ballast in the after part of the ship mentioned, which was lying at the wharf in the port of San Francisco, and was engaged in that task. The work was being accomplished by bringing the ballast material on a lighter alongside the vessel, to the point marked: “port hole,” shoveling it from…