Petterson

This is a writ of error to review a judgment in an action at law tried by the court without a jury pursuant to a written stipulation of the parties. The sufficiency of the testimony to support the general finding in favor of the defendant in error is the only question presented for our consideration. The defendant in error was employed as second officer on the steamer Crescent City, and while engaged in lowering the cargo booms to make the ship ready for sea, a block fell from the main mast and struck him on the arm, causing the injuries complained of. The block in question was hooked into an eye-bolt on a band around the main mast about 100 feet above deck. The purpose for which the block was originally placed there does not clearly appear. The defendant in error was of opinion that it had been used at one time in connection with the wireless apparatus, but the only use actually made of it, so far as the record discloses, was on one occasion while painting the mast, some months prior to the accident, and on another occasion while decorating the ship with flags. It is customary to place a nosing, made of marlin or other material, around the front and back of such hooks to prevent…