Smith v. United States

This was a libel by a longshoreman against the shipowner and a stevedoring company to recover damages for personal injuries. At the time of receiving the injuries complained of, the libelant was standing on a hatch covering, assisting other longshoremen in dragging a heavy tarpaulin over the hatch. While thus engaged, the tarpaulin slipped from his hand, he lost his balance and stepped back or down onto the guard or covering of some steam pipes extending along beside the hatch, and his foot passed between the guards or covering, causing injury to his leg.

Two grounds of negligence were charged in the libel: Eirst, failure to furnish sufficient light; and, second, failure to furnish ■ a safe place to work, because of the size of the opening in the guard or covering of the steam pipes. The court below found that the working place was sufficiently lighted, and that in any event the absence of sufficient light was not the proximate cause of the accident because the same misstep would have been taken whether the place was sufficiently lighted or otherwise. The court further found that the guard or covering over the steam pipes was an approved and usual one on vessels of this type and…