The Winnipeg

Good Law
5 F. Supp. 469·1933 U.S. Dist. LEXIS 1241
United States District Court, Northern District of CaliforniaOctober 31, 1933No. 21045California402 words

Opinion

Lead Opinion

Kerrigan, J.

The libelant Marie Louise Armstrong was a passenger on respondent's vessel the Winnipeg on March 16, 1932. While playing cards with three companions on the promenade deck at about 10:30 o’clock that evening, she was thrown from her chair and received certain alleged injuries for which she claims damages in this action. That evening the weather was Heavy and the sea rough; this condition having prevailed for some considerable length of time before the accident. A sudden roll or lurch of the vessel precipitated the libelant from her chair; it was the only large single roll in the course of the evening. The chair upon which libelant was sitting at the time of the injury was of light wicker, but of the usual deck type.

At the time of the accident card tables and chairs which were fastened to the floor were available in the smoking room and! lounge. • There was no equipment for fastening chairs and tables on the promenade deck. The libelant and her companions were accustomed to playing cards on the promenadei deck, and they appear to have insisted in doing so on this occasion, although advised that it would.be better to use one of the rooms properly equipped for the purpose. The…

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