1. Shipping <@=>166(4) — Injury to Passenger — Manner—Evidence.

On steamship passenger’s libel for injury from fall in bathroom, evidence held to sustain trial court’s finding that fall did not result from negligence of vessel, its owner, or servants, but from libelant’s loss of balance when vessel lurched as he entered bathroom.

2. Admiralty <@=>118 — Appeal—Conclusiveness oe Finding — Deposition.

In a steamship passenger’s libel in admira] ty for personal injury from a fall in the bathroom, a finding that there was no faulty construction and that a handhold was then there would be taken as conclusive, where there was but one deposition on the issue, and that was made by appellant.

3. Shipping <@=>166(4) — Personal Injury — Negligence—Res Ipsa Loquitur.

The presumption of negligence must rest upon the premise that the accident would not have happened, if proper care had been exercised by a carrier by sea, and cannot rest on the mero fact that a passenger fails and is injured.

<§=3For other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes

4. Negligence ©=> 121(2) —Res Ipsa X.oquitub — Pleading—Application.

Where the plaintiff in an action for negligence specifically silts out in full in what the defendant’s negligence consisted, the doctrine of rew ipsa loquitur has no application.

5. Shipping ©=>J66(1) — Passengers—Care Required.

A ship is bound to a high degree of care for the safety of a passenger.

15. Shipping ©=>16(1(3) — Passengers—Contributory Negligence and Assumption or Risk.

A passenger must exercise reasonable care for his own safety, and where a passenger, falling on bathroom floor, knew that the floor was slippery when wet, and that the ship might lurch, and must have seen what handholds there were, he assumed the obvious risk of using the bath.

7. Shipping ©=>166(1) — Negligence or Ihcompetency op Ship Surgeon-Liab ility — 'Statute.

A steamship is not liable for the negligence or incompetency of its physician, either under the common law or under Act Aug. 2, 1882, § 5 (Comp. St. 1916, § 8002), requiring the carrying of a competent surgeon or medical practitioner, whose services shall be given to passengers needing them.

8. Shipping ©=>166(1) — Employment of Ship Surgeon- Statute.

Under Act Aug. 2, 1882, § 5 (Comp. St. 1916, § 8002), requiring passenger vessels to carry a competent surgeon or physician, whose services shall be given to passengers needing them, the owner and master discharge vlieir full duty when, in employing a physician, they inquire as to his fitness and obtain recommendations.

9. Shipping- ©=>166(1) — Snip’s Physician — Selection-—Statute.

Act Aug. 2, 1882, § 5 (Comp. St. 15)16, § 8002), requiring passenger vessels io carry' a compel ent surgeon or physician, whose services shall be given to passengers needing (hem, requires no more than that, in his selection, reasonable care shall be exercised.

10. Shipping ©=>166(4) — Competency of Ship’s Physician — Evidence.

On a libel by steamship passenger for injuries from a, fall in a bathroom, evidence helóf not to show” the incompetently of the ship’s physician and surgeon in treating the passenger.

<>‘;»For oilier ctt,sc¿ see same topic & KKY-NUMBDlt in all Koy-Nuinbcrod Digests & Lndexos