The Lackawanna

• Decision Date: 13 February 1907
• Citation: 151 F. 499
• Parties: THE LACKAWANNA.
• Court: U.S. District Court — Southern District of New York

151 F. 499

THE LACKAWANNA.

United States District Court, S.D. New York.

February 13, 1907

Henry W. Hardon, for libellant.

James J. Macklin and John C. Seager, for claimant.

ADAMS District Judge.

This action was brought by Abraham Oppenheim against the ferry boat Lackawanna, of the Delaware, Lackawanna and Western Railroad Company line, to recover damages for personal injuries sustained through falling into a coal hole in the forward deck of the ferry boat about 2 o'clock in the afternoon of the 14th day of November, 1905, while she was lying in her slip at 14th Street, Hoboken, previous to departure for 23rd Street, New York. It is alleged by the libellant that the injuries were solely due to the negligence of the ferry boat in leaving the coal hole open, unprotected and unguarded. The claimant admits that the libellant was a passenger and fell into a coal hole but avers that it was through his own fault, negligence and carelessness, the boat all the time being engaged in finishing the receipt of coal and the opening was in plain view and had the libellant moved with care the hole could have been plainly seen and avoided and further, the claimant denies that the hole was negligently left open.

It appears that the libellant, a banker at The Hague, arrived in Hoboken, New Jersey, on the steamer Kaiser Wilhelm on the 12th day of November, 1905, and was met by his sister, a resident of this city. Having obtained a carriage they started to cross the river on the said ferry boat. The carriage went on the port side of the boat preceded by another carriage and a coal cart. The load of coal from the cart was dumped into a coal hole in the centre of the deck of the boat between the two horse gangways. After the carriage came to a rest, the libellant alighted and proceeding somewhat across the deck, fell into the hole.

A diagram, prepared by the claimant, was put in evidence by the libellant, and shows that the hole was 3 feet across the deck and 18 inches lengthwise of it. It was 52 feet 11 inches from the bow and 17 feet 4 inches from the end of the covering over the teamway, on the line of the keel. Forward of the coal hole 3 feet 10 inches was a 10 inch round iron column extending from the deck to the covering or roof of the teamway, which it supported. The base of this column was larger than the column itself by 1 foot and 10 inches, and sloped all around the column to the deck. Forward of that 2 inches was a rudder chain box, 11 1/2 by 18 inches, extending also to the roof from the deck; outside of the box was a tapering wheel guard, 18 inches, above the deck. This extended 9 inches further toward the horse gangway than the coal hole. The covering was 12 feet 11 inches above the deck. The deck was worn by use into depressions about 5 feet...