Klingel

This is an appeal by the claimant, O’Connor, Harrison & Co., from a decree in favor of the libelant, H. JET. Klingel, for the sum of $1,814 for personal injuries suffered on board the' steamship Aneiura, owned by claimant. Briefly the facts are as follows:

Libelant was in the employ of a corporation engaged in the business of stevedoring, which was employed to load the vessel with lumber. In such work a steam winch of the friction type was used. While the libelant was standing on the deck of the vessel, being stationed there to aid in landing the sling-loads of lumber, one of them descended abruptly without warning, catching libelant’s left foot against the ship’s rail and crushing it. The falling of the load was due to the failure of the winch to brake it effectively as it was being lowered onto the deck of the vessel. As a result of the injuries so received, libelant was incapacitated for a period of five months.

The lower court, found that the steam winch was in a defective condition and was not reasonably safe for use, and ordered a decree in favor of the libelant as stated above. The sole question before this court on respondent’s appeal is whether or not the evidence shows…