Claus v. Northern Steamship Co.

• Citation: 89 F. 646
• Decision Date: 03 October 1898
• Docket Number: 1,033.
• Parties: CLAUS v. NORTHERN STEAMSHIP CO.
• Court: United States Courts of Appeals. United States Court of Appeals (8th Circuit)

89 F. 646

CLAUS v. NORTHERN STEAMSHIP CO.

No. 1,033.

United States Court of Appeals, Eighth Circuit.

October 3, 1898

James C. Michael (Herchmer Johnston, on the brief), for plaintiff in error.

C Wellington, for defendant in error.

Before SANBORN and THAYER, Circuit Judges, and SHIRAS, District Judge.

SHIRAS District Judge.

This action was brought by plaintiff in error, John R. Claus, to recover from the Northern Steamship Company damages for personal injuries caused the plaintiff by falling through an open hatchway on the steamer North Wind, a vessel owned by the defendant company. From the evidence in the case it appears that during the winter of 1895-96, the North Wind was laid up at the docks at West Superior, Wis., and in March of 1896, repairs were being made upon the vessel, preparatory to the opening of navigation, the American Steel Barge Company being in charge of the repairs to the decks and woodwork and the Superior Water, Light & Power Company of the repairs to the electric apparatus in use upon the boat. The plaintiff in error was in the employ of the latter company, and on the 13th day of March, 1896, he went on the vessel to do some work thereon, and he testifies that he then saw that the boat had two decks, an upper or spar deck, and a lower or main deck, in both of which there were hatchways; that the hatchways on the main deck were open, except the one nearest the stairway leading to the upper deck; that in passing along the main deck he (he plaintiff) walked over this closed hatchway, which was raised up some six inches or more above the deck; that he noticed that the planking on the deck was being torn up and replaced; that the hatchway nearest the stairway leading to the upper deck was distant about five feet from the foot of the stairway, and that the distance from the hatchways to the side or wall of the boat was from ten to fifteen feet. The plaintiff further testified that on the next day, to wit March 14th, he returned to work on the vessel; that about 5:30 p.m. he ceased work, and, finding that a ladder which had been used as a means of passing from the upper deck to the deck below had been removed by the other workmen for some purpose, he went along the upper deck to the stairway leading to the main deck, his purpose being to reach the main deck and then pass along it to a gangway in the side of the vessel, from which he could pass to the dock alongside of which the vessel was moored; or, in other words, he purposed leaving the vessel by following in the reverse direction the pathway he had passed over the previous day. Plaintiff further testified that when he passed down the stairway he saw the light coming through the gangway, showing that it was open; and that he also saw two men at work, with a light distant some 80 or 90 feet; that it was dark about the stairway, so that he could not see the hatchway; that he walked forward at an ordinary gait, taking two or three steps, and knew nothing more until he regained consciousness, and found himself at the bottom of the hold of the vessel. The other evidence showed that the hatchway was open, and the plaintiff walked into it, falling...