Fill v. Cunard S.S. Co.

• Decision Date: 01 January 1914
• Citation: 217 F. 84
• Parties: FILL v. CUNARD S.S. CO., Limited.
• Court: U.S. Court of Appeals — Second Circuit

217 F. 84

FILL v. CUNARD S.S. CO., Limited.

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

January 1, 1914

William H. L. Lee, of New York City (Alexander Cameron, of New York City, of counsel), for libelant.

Lord Day & Lord, of New York City (Howard Mansfield, of New York City, of counsel), for respondent.

HAZEL District Judge.

Libel in personam against the Cunard Steamship Company, Limited, to recover for personal injuries sustained by the libelant at about 8 o'clock in the forenoon of November 8, 1908 while he was engaged in coiling rope on the barge Hersimus preparatory to making her fast alongside the steamer Slavonia, which was moored to her dock at Pier No. 52, North River, for the purpose of supplying her with coal, when suddenly, without notice to him, the steamer ejected steam and hot water from the exhaust or outlet at her side scalding him and inflicting serious injuries and suffering.

In loading large steamers after they are moored in their berths it is customary to place alongside them coal barges provided with hoisting appliances from which the coal is hoisted or conveyed to the bins of the steamer. The order for shifting and placing the coal barge Hersimus alongside the Slavonia was given by the harbor master of the claimant upon receiving orders from Captain Roberts of the respondent company. In these circumstances the respondent must be deemed to have had notice of the proximity of the barge in question and of libelant's efforts to fasten her alongside the steamer. While thus engaged the libelant had the right to assume that the steamer would not eject steam or hot water to his injury.

I think there can be no question but that the rule of res ipsa loquitur has application to the facts under discussion indeed, the law is well settled that the owners of vessels owe a personal duty to stevedores who are engaged in loading or unloading to provide reasonable safeguards and protection against injuries, and also to warn them of any latent dangers caused by the vessel or those in charge of her navigation. The Chicago (D.C.) 156 F. 374; The Rheola (C.C.) 19 F. 926. It was accordingly the duty of the claimant to exercise ordinary care to save the libelant harmless from injury while he was engaged in making fast alongside in his preparation for loading coal aboard the steamer. Libelant was not required to prove affirmatively the immediate reason for the ejection of the steam or hot...