The Luckenbach
| Decision Date | 02 April 1906 |
| Citation | 144 F. 980 |
| Parties | THE LUCKENBACH |
| Court | U.S. Court of Appeals — Fourth Circuit |
Thomas H. Willcox and Gordon Paxton, for libelant.
Floyd Hughes and J. L. Jeffries, for respondent.
The libelant sues to recover damages for the death of his intestate, who fell overboard and was drowned while engaged in arranging to cast anchor on the steamship Luckenbach as she was coming into Hampton Roads, near the mouth of the Elizabeth river, preparatory to anchoring at Lamberts Point the contention being that the accident occurred because of the defective condition of the 'trip' line attached to the block used in connection with the lowering of the anchor by the davit to the hawse pipe, as the block and tackle was being drawn back after lowering the anchor. The case turns upon the question of whether or not the respondent furnished to the libelant's intestate, a sound, safe, and suitable rope with which to perform the work required of him. The evidence for the libelant is clear and strong that the attention of the ship's representative had been called prior to the accident, to the defective condition of the rope furnished, that gave way and caused the accident; and that it was unsuitable and unfit for the work. The respondent disputes the correctness of this position, and claims that the rope was new, and became unfastened, and that there was no defect in it.
Upon the whole case, the conclusion reached is that whatever doubt there is on the question, should be solved in favor of the libelant; since the ship failed to produce the rope, which was in her possession, that would have settled the question of its safe or unsafe condition, and whether it broke, or was new and inflexible, and became untied, thus causing the accident. Respondent insists that assuming that the rope may have parted as contended by libelant, nevertheless recovery should not be had, because the trip line was not intended to be used for hoisting purposes, and that the accident arose from the negligent manner in which the fellow servant of the libelant's intestate performed the work, by improperly seizing hold of or catching the fish line which supported the block, thereby placing the strain and weight on the trip line, which was not intended to be used for such purpose. The conclusion reached respecting this matter is that it was incumbent upon the ship to furnish such a rope as would provide against this...
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