259 U.S. 255 (1922), 195, Carlisle Packing Company v. Sandanger

Docket Nº:No.195
Citation:259 U.S. 255, 42 S.Ct. 475, 66 L.Ed. 927
Party Name:Carlisle Packing Company v. Sandanger
Case Date:May 29, 1922
Court:United States Supreme Court
 
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259 U.S. 255 (1922)

42 S.Ct. 475, 66 L.Ed. 927

Carlisle Packing Company

v.

Sandanger

No.195

United States Supreme Court

May 29, 1922

Argued March 24, 1922

CERTIORARI TO THE SUPREME COURT

OF THE STATE OF WASHINGTON

1. According to the general maritime law, a seaman injured in the service of the ship on navigable waters may recover indemnity from the ship or her owner if the injuries were in consequence of her unseaworthiness, but not upon the ground of the negligence of the master or any member of the crew. P. 258.

2. These rules apply whether the suit be in an admiralty or in a common law court. P. 259.

3. Irrespective of negligence, a motor boat is unseaworthy if not equipped with life preservers or if, when she leaves the dock on waters where there prevails a custom to start galley fires by means of coal oil, a can marked "coal oil" is filled with gasoline. P. 259.

4. Where a seaman recovered a verdict of compensatory damages for injuries by fire due to the presence of gasoline in a can usually containing coal oil employed in starting a stove, and due to the

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absence of life preserver, held that error in submitting the case to the jury on the theory of the owner's negligence was harmless, since the facts as found by the jury warranted the recovery upon the ground of unseaworthiness. P. 259.

5. When there is only one possible claimant and one vessel owner, the privilege of limited liability accorded by Rev.Stats. § 4283 may be claimed in a state court by proper pleading; but the claim is too late when first presented by a request for a charge to the jury. P. 260.

112 Wash. 480 affirmed.

Certiorari to a judgment of the Supreme Court of the Washington, affirming a judgment rendered by a trial court against the present petitioner in an action brought by the respondent to recover damages received while serving as a seaman on board the petitioner's vessel.

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MCREYNOLDS, J., lead opinion

MR. JUSTICE McREYNOLDS delivered the opinion of the Court.

The Supreme Court of Washington affirmed a judgment against petitioner Packing Company rendered by the trial court upon a verdict for damages on account of injuries which respondent suffered while employed upon petitioner's motorboat afloat in navigable Alaskan waters.

Respondent claimed that, prior to the departure of the boat upon...

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