Melse v. Alaska Commercial Co.

• Decision Date: 17 March 1906
• Parties: MELSE v. ALASKA COMMERCIAL CO. et al.
• Court: Washington Supreme Court

84 P. 1127

42 Wash. 356

MELSE v. ALASKA COMMERCIAL CO. et al.

Supreme Court of Washington

March 17, 1906

Appeal from Superior Court, King County; R. B. Albertson, Judge.

Action by George H. Melse against the Alaska Commercial Company and others. From a judgment in favor of plaintiff, the commercial company appeals. Modified.

William H. Gorham, for appellant.

Benson Hall & Higgins and Morris, Southard & Shipley, for respondent.

DUNBAR J.

The amended complaint alleges, in substance, that on or before January 21, 1903, defendant company owned and operated the steamship Bertha; that it employed defendant Frank Forward as first mate, defendant John Conway as a sailor and hatch tender, and Fred Anderson as boatswain; that Forward Anderson, and Conway were at all times incompetent, reckless drunken, and unfit for the positions which they respectively occupied, that the defendants' company and Forward had reasonable opportunity to know, and did know, that Anderson and Conway were incompetent, negligent reckless, drunken, and unfit, but nevertheless they did knowingly, willfully, and recklessly retain said boatswain and permit him to act as boatswain and control the operation of the winches, and to given orders to the sailors and especially to winch drivers, and negligently allowed defendant John Conway to remain and act upon the ship as a hatch tender; that on January 21, 1903, while the steamer was lying at the dock at Seattle, Wash., and while Anderson was aboard acting as boatswain in charge of the sailors and winches and winchmen, and while defendant Conway was aboard acting as hatch tender, and both Anderson and Conway were in sole and complete charge of the first mate, and while the captain of the vessel was absent, Anderson and Conway became exceedingly drunk and remained drunk in the immediate presence of Forward continually all of said day, cursing, swearing, and drinking until plaintiff's injury, between 3 and 4 o'clock of the afternoon of that day; that plaintiff was employed by the defendant company as a longshoreman, and was at work as such, handling freight in the hold of said vessel, knowing nothing of the actions of either Anderson or Conway; that between 3 and 4 o'clock the drunken boatswain negligently and carelessly attempted to operate a winch and to lower freight thereby into the hold of the vessel; that it was Conway's duty as hatch tender to keep watch down the hatch (where plaintiff was at work), and to warn any one below of danger from freight being loaded in the hold; that the drunken boatswain caused a sling load of freight to fall without any warning whatever, and, without any effort on his part to prevent the same from falling, recklessly, carelessly, and in a drunken manner turned the winch loose and allowed the freight to fall of its own weight nearly 20 feet upon plaintiff; that Conway negligently and carelessly failed to keep a lookout for the safety of plaintiff, and to warn plaintiff that freight was approaching the hatch, and to warn plaintiff in any manner of his danger; that plaintiff was crushed under the weight of said cargo, his left leg crushed so that it became necessary to amputate it below the knee, and that he...