Denning

The plaintiff, Denning, was employed by the board of state harbor commissioners as a night deckhand upon a tug-boat—the “Governor Irwin” —belonging to the state, and used by said board. Among other duties of the plaintiff as a deckhand, it is alleged he was required to place lights on the top of the cabin on each side, and for this purpose climbed a ladder eight or nine feet high reaching from the deck to the top of the cabin; that the ladder was insecurely fastened and became detached at one side and caused the plaintiff to fall, whereby he sustained serious injuries, and to recover damages therefor he brought this action, alleging that it was caused by the negligence of the defendant.

The defendant demurred to the complaint, upon the ground that it did not state facts sufficient to constitute a cause of action. It was overruled by the court, and the defendant answered. A jury trial was had and the plaintiff had judgment, from which and from an order denying a new trial the defendant appeals.

The most important question in the case is whether the state is liable for the negligence of the board of state harbor commissioners, whereby the plaintiff, an employee, it is alleged, was…