Ramjak v. Austro-American S.S. Co.

• Decision Date: 12 April 1911
• Docket Number: 2,106.
• Citation: 186 F. 417
• Parties: RAMJAK v. AUSTRO-AMERICAN S.S. CO., Limited.
• Court: U.S. Court of Appeals — Fifth Circuit

186 F. 417

RAMJAK v. AUSTRO-AMERICAN S.S. CO., Limited.

No. 2,106.

United States Court of Appeals, Fifth Circuit.

April 12, 1911

Louis P. Bryant, for appellant.

Edgar H. Farrar, for appellee.

The libelant came to this country as an immigrant passenger on the steamship 'Eugenia,' belonging to the Austro-American Steamship Company, Limited, arriving here on December 16, 1907. Four days before the ship's arrival the libelant's leg was badly broken in at least two places above the knee by the fall upon him of a sailor from a fore-topmast backstay; the sailor himself being killed in the fall. This sailor, having occasion to go to the extreme top of the foremast to reeve a halyard through a small block near the top, 79 feet high from the deck, in a spirit of ostentation and bravado, took off his shoes, put the end of the halyard in his mouth, climbed with hands, feet, and knees the fore-topmast backstay, a wire rope three-quarters of an inch in diameter which ran from the top of the bulwark about five feet high on the starboard side of the ship to the top of the mast, slanting towards the stern at an angle with the foremast from 20 to 25 degrees. When he reached within a few feet of the top and stretched out his hand to put the rope through the block, he slipped and slid part way down the backstay, and then fell to the deck, killing himself and falling upon Ramjak, who was then coming out of the water-closet.

The weather was calm and sea smooth. The usual way for a sailor to climb to the top of the fore-topmast was to climb the standing ladders in the side rigging to the cross-trees and then go up in the boatswain's chair. This same sailor had used that method several times before on the voyage.

Ramjak was treated for his injuries aboard the ship as well as the ship's outfit permitted with somewhat insufficient appliances. On reaching the city of New Orleans, he was refused admission to the country by the immigration authorities, and thereupon was carried by the steamship company to Touro Infirmary, where he was treated with best of surgical skill at the expense of the company. He was discharged from the infirmary about March 5th, and again taken before the immigration authorities, and was again refused admission. Being necessarily in the custody of the steamship company, who was ordered to deport him, he was thereupon transferred to the parish prison of the city of New Orleans, where he was confined at the expense of the company but without further medical treatment until April 6, 1908 when he was again taken before the immigration authorities examined, and admitted.

On October 10, 1908, Ramjak filed a libel in personam against the steamship company, setting forth the negligence of the company in the treatment he had received, and claimed: First damages for the breaking of his leg; and, second, damages for false imprisonment.

The respondent excepted to all that portion of the libel which claimed damages for false imprisonment, which exception the court sustained. The libelant amended his libel limiting his damages to the breaking of his leg.

On the hearing on the amended libel the trial court, for reasons orally assigned, dismissed the libel, with costs.

Before PARDEE and McCORMICK, Circuit Judges.

PARDEE Circuit Judge (after stating the facts as above).

The trial judge apparently took the view that under the evidence Ramjak's injuries were the result of an accident for which neither...