Sporgeon

Writ of error to review a judgment following a directed verdict in favor of defendant in error in an action for personal injuries. Plaintiff below, a second mate on the ship Kirkpatrick, alleged that, while defendants were moving laths on the ship preparatory to unloading lumber, a certain rope was fastened to the ring of a loose and dangerous bolt, and that as'the winchman, an employee of defendants, used the winch for pulling the rope so fastened to the ring, the bolt pulled out because of the way it was fastened to the deek, and because of the rotten condition of the deek, and as the bolt became loose the rope fastened to the bolt struck Sporgeon and injured him. The answer denied negligence, and pleaded assumption of risk and contributory negligence.

Plaintiff’s evidence was as follows:

The ship was at the dock; with crew discharging a portion of her cargo of lumber. Sporgeon, second mate, an experienced seaman, was at the aft end of the ship. In order to unload some cargo from the hold, the chief officer directed Sporgeon to remove some bundles of lath from the top of the hatch aft and amidships. Sporgeon observed two ring bolts on either side of the winch. He went back…