Ryan v. Smith

• Decision Date: 07 February 1898
• Docket Number: 393.
• Citation: Ryan v. Smith, 85 F. 758 (9th Cir. 1898)
• Parties: RYAN et al. v. SMITH et al.
• Court: U.S. Court of Appeals — Ninth Circuit

85 F. 758

RYAN et al. v. SMITH et al.

No. 393.

United States Court of Appeals, Ninth Circuit.

February 7, 1898

Reddy Campbell & Metson, for plaintiffs in error.

Sydney V. Smith, for defendants in error.

Before GILBERT and ROSS, Circuit Judges, and HAWLEY, District Judge.

ROSS Circuit Judge.

This action was brought by the plaintiffs in error (plaintiffs also in the court below) to recover damages for the death of Charles Ryan, who was at the time of his death in the employ of the defendant Smith, as receiver of the Oregon Improvement Company, and engaged as dumper in the unloading of coal from the bark 'Empire.'The coal wa; hoisted,n large tubs o buckets, to the sides of which were fastened pieces of rope, called 'tails,' which, in the operation of unloading, the dumpers took hold of, for the purpose of pulling the buckets towards them, and steadying the buckets in the operation of dumping the coal.The evidence in the case was to the effect that Ryan came to his death by the giving way of one of the tails hung to one of the tubs, which tail was not properly spliced, resulting in the fall of Ryan through one of the hatches of the vessel into its hold, and his consequent death.The evidence tended to show that the defect in the tail in question was that it was plaited instead of spliced, and that the defect was obvious upon inspection.The evidence further tended to show that it was customary for the dumpers, including Ryan, to make and splice the tails, and put them on the buckets for themselves; the rope for such tails being provided by the employer, and hung in the engine room of the...