Walsh
Walsh v. Babcock
Opinion
Lead Opinion
Hoffman, J.
The libel in this case is filed to recover damages for injuries sustained by the libelant while engaged as a stevedore in lading the cargo of the above vessel. The gang of men to which he belonged was employed in taking cases of salmon on hoard the vessel, and stowing them in the between-decks, forward of the after-hatch. In the direct course of the men to the place where the cases were to he stowed was a hatch known as a “trimming hatch,” which had been partly uncovered. Into this the libelant, who had just come down from the broad daylight on the wharf, stepped his foot, and the case, escaping from his grasp, struck his arm, fracturing or otherwise injuring it. The hatch was perhaps in a somewhat unusual position, being amid-ships, iristead of, as is more common with trimming hatches, midway between the mid-ships line and the wings. It was about three and one-half feet square, but it was divided in the center by shifting boards, which were attached to the stanchions of thé between-decks. The aperture left on either side of the shifting boards was 2i feet in length by 12 or 18 inches in width. It was into this aperture that the libelant put his foot.