Hansen v. United States

• Decision Date: 27 January 1926
• Docket Number: No. 346.,346.
• Citation: 12 F.2d 321
• Parties: HANSEN v. UNITED STATES et al.
• Court: U.S. District Court — Southern District of Georgia

12 F.2d 321 (1926)

HANSEN v. UNITED STATES et al.

No. 346.

District Court, S. D. Georgia.

January 27, 1926.

Oliver & Oliver, of Savannah, Ga., for libelant.

Lawton & Cunningham, of Savannah, Ga., for respondents.

BARRETT, District Judge.

Thorlief Hansen was injured on December 10, 1922, on the steamship Coldwater in the harbor of Charleston, S. C. This steamship was the property of the United States of America, acquired through the United States Shipping Board, and operated under a contract made by the United States Shipping Board Emergency Fleet Corporation with the Carolina Company; the latter company acting as agent. At Savannah, Ga., on October 20, 1923, Hansen filed his libel against the United States of America, the United States Shipping Board, the United States Shipping Board Emergency Fleet Corporation, the Carolina Company, and the steamship Coldwater; said steamship at that time lying in the port of Savannah.

Exceptions were filed because of the joining of all of these libelees. The answer of the United States of America to the libel avers, "that at the time therein mentioned the steamship Coldwater was owned by this respondent, and was operated for it by the Carolina Company under a contract made between the Carolina Company and this respondent, acting through the United States Shipping Board and the United States Shipping Board Emergency Fleet Corporation." In view of this answer and the provisions of the Suits in Admiralty Act of March 9, 1920 (41 Stat. 525; U. S. Comp. Stat. 1923 Ann. Supp. § 1251¼a) this libel may be treated as one properly brought against the United States of America.

The injury to the plaintiff was caused by his being caught in a cable which was would around No. 4 port winch and cut off his leg and caused other injury. The original libel was based wholly upon the negligence of the defendant in the operation of the winch, in leaving the cable in a tangled position on the deck, and in not properly coming to the rescue of libelant; the acts of negligence being summarized as follows:

"(1) In winding from the drum several coils of wire rope, letting them lie across the deck, which conduct could serve no good purpose.

"(2) In opening the steam valve and letting the steam to the winch, which would permit the winch to be placed in operation instantly upon touching the lever.

"(3) In permitting the wire cable to lie across the winch lever, so that a slight pressure would put the winch in motion.

"(4) In putting steam on the winch and leaving the winch unattended, with no one to shut off the steam or to shift the lever.

"(5) In failing to take off of the drum of the winch all of the wire rope, which would and should have been done, if any were removed.

"(6) In standing by and seeing libelant dragged to the drum and revolved around the same, and permitting the wire rope to cut his leg completely from his body, and injure him grievously otherwise, when the mate could, in two steps, have moved to the winch, shut off the steam, shifted the lever, and stopped the winch. Any one of said movements would have prevented libelant's injuries.

"(7) In standing by the winch and seeing libelant grievously injured, as aforesaid, while another seaman climbed down the ladder to the engine room and cut off the steam at the boiler, which the mate might have done by moving quickly to the winch.

"(8) In working in a great hurry and confusion, and without proper order, system, foresight, and circumspection, to avoid injury to libelant."

There was no allegation as to the winch being defective. Exceptions to the libel thus filed were urged upon the ground that the owner could not be held liable for compensatory damages because of an injury caused by the negligence of a fellow workman, but would only be liable for such damages in the event that the vessel was unseaworthy. An amendment was then filed by libelant, alleging that "the winch which caused libelant's injury was dangerous, defective, unseaworthy, and unsafe, was not equal in kind to those in general use, and was not reasonably safe to persons employed on the Coldwater, when operated with reasonable care and diligence." The details of such alleged defects were fully set forth.

Thereafter there was a further amendment to the libel, praying that, "in the event the court should hold that libelant is not entitled to compensatory damages for the injuries sustained by him, the court allow to libelant such reasonable sums as are commensurate with the grievous and permanent nature of his injuries for maintenance and cure."

Prior to the Jones Act of June 5, 1920 (Comp. St. Ann. Supp. 1923, § 8146¼ et seq.), the principles governing the right to recover damages for personal injuries were those set forth by the Supreme...