Lancer v. Anchor Line
| Decision Date | 15 July 1907 |
| Citation | 155 F. 433 |
| Parties | LANCER v. ANCHOR LINE (HENDERSON BROS.), Limited. |
| Court | U.S. District Court — Southern District of New York |
Wilford H. Smith, for libellant.
E Sidney Berry, for respondent.
Percy S. Dudley, for Hamburg-American Line by permission of court.
This action was brought by Patrick Lancer, employed by the respondent on the 29th of October, 1906, to assist in the discharge at New York of its steamship Columbia and who received personal injuries while so engaged. There is no dispute about the fact of the injury having been received as alleged. It appears that the libellant had been at work with others in taking out a cargo of canned fish for a short time from No. 5 hatch, which was about 12 feet square. He was necessarily working in the square of the hatch in slinging up the cargo, when a draft fell back and struck him. This was caused by the draft coming into contact with a skid about 10 feet in length, which was placed between the upper and main decks to prevent the drafts from swinging beyond the square of the hatch. It was placed inside of the hatch and as the draft ascended it struck the lower edge of the skid just below the main deck and caused the draft to become loosened and fall into the hold striking the libellant a severe blow resulting in the injury complained of. The cause of the trouble was the placing of the skid by fellow workmen inside instead of outside of the hatch, where it would have been as effective in serving its purpose of confining the uplifted load to the inside of the hatch. The accident was therefore attributable to the negligence of fellow servants. The libellant recognizes this situation but claims a right to recover under the provisions of the Act of Congress, approved June 11, 1906 (34 Stat. 232, c. 3073), known as the 'Employer's Liability Act,' which provides, inter alia:
'Be it enacted * * * that every common carrier engaged in trade or commerce in the District of Columbia, or in any territory of the United States, or between the several states, or between any territory and another, or between any territory or territories and any state or states, or the District of Columbia, or with foreign nations, or between the District of Columbia and any state or states or foreign nations, shall be liable to any of its employes, * * * for all damage which may result from the negligence of any of its officers, agents or employes.'
The answer amounts to a general denial and at the conclusion of the trial upon the merits, the libellant reserved the right to adduce proof to show the facts alleged in the first three paragraphs of the libel, but since the trial the parties have stipulated that these may be taken as true. The principal matter covered so far as the present discussion is concerned is that referring to the respondent being engaged in trade and commerce between the United States and foreign countries which relates to the constitutionality of the act above referred to. This was disputed in the pleadings but the plaintiff's allegations in that respect were subsequently stipulated to be true.
The respondent contends:
1. That the injury was the result of a simple accident, the cause of which was not explained and that therefore there could be no recovery.
The theory urged is that the position of the skid was not the efficient cause of the accident, which has not been shown.
I think it is quite clear that the skid being on the inside instead of the outside of the hatch was the proximate cause of the accident. If it had been placed outside of the hatch, in all probability, the draft would have gone safely to the deck.
2. That the libellant can not recover under the Federal Employer's Liability Act because he has not by his pleading or proof brought his action within the terms of the Act.
With respect to the pleading,...
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