Whiters v. Mallory S. S. Co

• Decision Date: 12 November 1918
• Docket Number: (No. 9597.)
• Citation: Whiters v. Mallory S. S. Co, 97 S.E. 453, 23 Ga.App. 47 (Ga. App. 1918)
• Parties: WHITERS. v. MALLORY S. S. CO.
• Court: Georgia Court of Appeals

23 Ga.App. 47

97 S.E. 453

WHITERS.

v.MALLORY S. S. CO.

(No. 9597.)

Court of Appeals of Georgia, Division No. 1.

Nov. 12, 1918.

(Syllabus by the Court.)

Error from City Court of Brunswick; D. W. Krauss, Judge.

Action by Richard Whiters against the Mallory Steamship Company. Judgment for defendant, and plaintiff brings error. Reversed.

A. D. Gale and C. B. Conyers, both, of Brunswick, for plaintiff in error.

Bennet, Twitty & Reese, of Brunswick, for defendant in error.

JENKINS, J. [1-3] Plaintiff was employed by the defendant as a laborer in loading its ship. Under the evidence introduced by plaintiff, it appears that the gang of which he was a member was working on the main or between deck of the ship, and had finished loading cross-ties into the hold of hatch No. 1, which was a hole in the deck about 12 or 14 feet long by 8 or 10 feet wide, and through which the cargo was lowered into the hold. After the loading of the cargo is completed, it is necessary to cover the hatch, and this is done by first putting in place a piece of iron called the strong-back. Hatch covers are then placed over the hatch, supported by the strong-back. The covering of the hatch is a part of the work of the gang engaged inthe loading. The loading is done by a hoisting engine which is on the deck above the main or between deck, and the hoisting engine is so situated on the upper deck that the man operating it cannot see through the hatch, thus making it necessary to have a man called the "stage-runner" to stand upon the upper deck, whose duty it is to transmit signals from the gang below to the man operating the hoisting engine, both the engineman and the stage-runner being members of the gang at that hatch. The placing of the strong-back in position is done by the hoisting engine, a chain and hook running from the engine down through the hatch, which is hooked into the strong-back to place it in position, and when the covering of the hatch is completed, the chain is unhooked, and upon a signal to "Go ahead, " given by a member of the gang, the chain and hook are drawn up by the hoisting engine.

On the occasion in question, while plaintiff and a colaborer were engaged in placing the hatch covers, the signal or order from the gang at the hatch to the stage-runner was given, by Bill Bowman, who was not a member of the gang, but was assistant stevedore, or outside foreman, and foreman over three hatches, including the one at which the plaintiff was engaged. Although it was a disputed...