McCall

The Pacific Mail Steamship Company and Henry Bingham had contracted, the latter to load and discharge the cargoes of the company’s ships, the former to furnish the power and appliances necessary for the work. Pursuant to their contract, Bingham was loading flour on one of the company’s vessels, when a sling in which the flour was hoisted on to and lowered into the ship gave way, and plaintiff, who was stowing cargo in the hold, was severely injured by falling sacks. Plaintiff was a stevedore in the employ of Bingham. He sued Bingham and the company jointly, and obtained a judgment against both. They prosecute separate appeals from the judgment, and from the order denying a new trial.

In accordance with the contract the steamship company had furnished Bingham’s employees (Bingham not being personally present) with six slings to be used in hoisting the cargo. Upon receiving the slings Bingham’s men, according to their habit, examined them, and, rejecting two as defective, accepted four as fit for use. It was one of these four slings so accepted, which, breaking, caused plaintiff’s injuries. The cause of the break was-a latent defect in the rope attached to the sling. This rope,…