Sorensen v. Alaska S.S. Co.
| Decision Date | 20 February 1917 |
| Docket Number | 3429. |
| Citation | 243 F. 280 |
| Court | U.S. District Court — Western District of Washington |
| Parties | SORENSEN v. ALASKA S.S. CO. |
James B. Metcalfe, of Seattle, Wash., for libelant.
Bogle Graves, Merritt & Bogle, of Seattle, Wash., for respondent.
The testimony shows that, several days previous to the 21st day of February, 1916, the steamship Victoria was lying at Boat Harbor, British Columbia, Canada, loading coal in the hold of the vessel from bunkers by pouring it through hatch No. 2 whence it fell through similar hatchways in the steerage deck and on the deck above the lower hold; that the hatchways were of the same size and located one directly above the other that the coal was poured through the hatches continually to the lower hold, where 15 men were stationed around the hatch and shoveled the coal to the sides of the vessel and around the hatch, until all of the space from the sides of the vessel and around the hatch had been filled, so that the coal rolled to a line immediately below the sides of the opening of the hatch, whereupon the men came to the between-decks and permitted coal to pour through the hatch into the lower hold until the hatch was filled and was sealed by the professional sealers, who were in charge of loading the coal; that at the time the hatch was sealed a circular V-shaped opening was formed around the hatch, about five feet wide at the top and about four or five feet deep at the deepest point. When the lower hold was filled and the hatch sealed, about 20 or 25 tons of coal was dumped into the hatch; the apex of this coal reaching to a point above the level of the steerage deck. This apex was trimmed down, and the steerage hatch cover placed over the hatch, and the vessel proceeded thence to Seattle. On the morning of the 21st of February, 1916, at 7 o'clock a.m., libelant was ordered by the boatswain into the between-decks with other seamen to trim this pile of coal into the wings of the 'tween-decks, and aft of the hatch of the 'tween-decks, leaving a small space for an additional cargo.
Libelant testified that they were directed to do the work in the best way they could. The boatswain testified that the order was 'to go into the 'tween-decks and trim the coal into the wings and aft.' The testimony further shows that electric lights were furnished on the boat, and that lanterns were also furnished. These lanterns were trimmed and lighted by persons employed on the vessel, and placed in suitable positions for use; that no specific order was given to take the lanterns, instead of using the electricity. The lanterns were taken by libelant and his fellow servants into the 'tween-decks and hung at places suitable to shed light upon the place where they were working. The coal, instead of being thrown to the sides of the vessel in the 'tween-decks, was thrown to a point about half way between the hatch and the side of the vessel, and, when the place to which it was thrown had been filled...
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