Gibbons v. British & N.A. Steam-Nav. Co.

• Citation: 175 Mass. 212,55 N.E. 987
• Parties: GIBBONS v. BRITISH & N. A. STEAM-NAV. CO.
• Decision Date: 13 January 1900
• Court: United States State Supreme Judicial Court of Massachusetts

175 Mass. 212
55 N.E. 987

GIBBONS
v.
BRITISH & N. A. STEAM-NAV. CO.

Supreme Judicial Court of Massachusetts, Suffolk.

Jan. 13, 1900.

Exceptions from superior court, Suffolk county.

Action by one Gibbons against the British & North Atlantic Steam-Navigation Company. Judgment for defendant, and plaintiff brings exceptions. Overruled.

[175 Mass. 212]T. H. Buttimer, for plaintiff.

L. S. Dabney, for defendant.

HOLMES, C. J.

This is an action of tort for personal injuries. Workmen who were fitting up the defendant's vessel with sheep pens had placed an unfinished trough near a hatch. The plaintiff, coming up a ladder, when he reached the hatch took hold of the unfinished trough, relying upon its being heavy enough or strongly enough fastened for him to trust his weight to it with safety. He was mistaken. The trough yielded, and he fell. The judge who tried the case directed a verdict for the defendant, and the case is here on exceptions. We regard the ruling as plainly right. The plaintiff relied upon the trough at his own risk. It did not appear to have been...