The Federal Reporter with Key-Number Annotations, Volume 250: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, August-October, 1918. Page: 679
xv, 1025 p. ; 23 cm.View a full description of this legislative document.
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CONSOLIDATION COASTWISE CO. V. CONLEY
CONSOLIDATION COASTWISE CO. v. CONLEY.
(Circuit Court of Appeals, First Circuit. April 26, 1918.)
No. 1310.
1. SHIPPING =84(1)-LIABILITY OF VESSEL--DTY TOWARD STEVEDORE.
A stevedore employed by an independent contractor engaged to dis-
charge the cargo of a vessel must be deemed to go upon the vessel at the
invitation of the owner.
2. SHIPPING :84(2)-LIABILITY OF VESSEL-INJURY TO STiVEDOBE.
Where the owner of a vessel engaged an independent contractor to dis-
charge the cargo, it should make reasonably safe those parts of the ves-
sel which it can anticipate the stevedores of the contractor will use in
going to and from their work.
3. SNIPPING t=84(3)-INJunr TO STEVEDORE-LIABILITY OF VESSEi--NEGI-
GENCE.
Where a stevedore who had been unloading coal from a barge was in-
jured in attempting to cross a hatch cover, held, that the owner was liable;
the cover which had been replaced while the stevedore was at work in
the hold not having been securely fastened.
4. SHIPPING c8 84(5)-INJURY TO STEVEDORE-ASSUMPTION or RISK.
A stevedore who attempted to cross a hatch cover which had been
placed in position while he was at work in the hold held not to have as-
sumned the risk of injury resulting from an insufficient fastening.
5. ADMIRATAY 4=117-API'EAL---TRIAL DE NOVO.
In view of the previous practice in admiralty appeals from the Dis-
trict to the Circuit Court, and Rule 14, pars. 6-10 (150 Fed. xxxix, 79 C.
C. A. xxxix), relating to the record in admiralty causes, the Circuit Court
of Appeals hears an appeal in an admiralty case de novo and may in-
crease the decree for libelant, though respondent alone appealed.
(. SHIPPING o 84(5)-INJURY TO STEVEDORE-CONTRIBUTORY NEGLIGENCE.
A stevedore who was injured while walking over a hatch cover which
was insecurely fastened held, under the circumstances, not contributorily
negligent.
Dodge, Circuit Judge, dissenting.
Appeal from the District Court of the United States for the Dis-
trict of Maine; Clarence Hale, Judge.
Libel in personam by Michael Conley against the Consolidation
Coastwise Company. From a decree for libelant for part of the dam-
ages claimed (242 Fed. 591), respondent appeals. Remanded, with
directions to enter decree for libelant for the full amount of his in-
juries.
Gerry L. Brooks, of Portland, Me., for appellant.
Richard E. Harvey, of Portland, Me., for appellee.
Before DODGE, BINGHAM, and JOHNSON, Circuit Judges.
BINGHAM, Circuit Judge. This is a libel in personam brought by
Michael Conley against the Consolidation Coastwise Company to re-
cover damages for personal injuries which he sustained while employed
as a stevedore by the A. R. Wright Company in discharging coal from
the hold of barge No. 23, owned by the consolidation company. There
was a trial in the District Court, and it was found that the respondent
(::For other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes
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The Federal Reporter with Key-Number Annotations, Volume 250: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, August-October, 1918., legislative document, 1918; Saint Paul, Minnesota. (https://digital.library.unt.edu/ark:/67531/metadc38821/m1/694/: accessed April 24, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.