Cunard Steam-Ship v. Carey

Case by Patrick Carey, defendant in error, against the Cunard Steam-Ship Company, Limited, plaintiff in error, to recover damages for personal injuries resulting to him, while in its employ, from its alleged negligence. The injuries were caused by a bucket loaded with coal, which fell upon Carey while it was being hoisted from the hold of the Batavia, one of the company's steamships, where he was working as a longshoreman in assisting to unload the vessel. At the time of the accident Carey was stationed on the shore-side of the ship, and his work was to attach tubs as soon as they were loaded to the hoisting apparatus, and to detach the tubs when they came down into the hold empty. All of the coal to be shifted was on that side of the ship. There were two falls working,-one on the side where Carey was, and one on the other side of the hatch, where another man was stationed. It was while reaching out to catch and swing over the tub on this latter fall that Carey was struck by the tub which he had just sent up. The accident was caused by the rope breaking.

The apparatus used in hoisting the coal is thus described by one O'Brien, an employe of the company, who was in charge of part of it: 'I was engaged that night at hoisting coal; that is, at the hoisting apparatus, when we were hoisting coal. I was stationed in the scow along-side of the ship. I saw that apparatus,-that gear part of it; the part that carried away was under my eye. The way it was rigged, it was connected to a gaff or a derrick. This derrick was connected to a post or perpendicular,-a mast, like. On this gaff was lashed a block, with a hook or strap, whichever the case may be, and the fall rove through this block, and led down to the scow, and then rove through another block on the scow. Whether this rove through the third block on the ship's rail I disremember. Sometimes we used to have it rove that way, and sometimes we didn't; but it was through two blocks; I am sure of that. One block was placed on the gaff, and the other was placed on one end of the scow. Then from the block that was on the end of the scow which the fall led through it led to a drum or to a round piece of machinery that was connected to an engine, of course; and this rope was connected onto this drum. That is what it is called, or that is what we commonly call it. I don't know any other name for it. And I stood by this drum with two brakes, of which one was for hoisting up and the other for lowering. I was stationed at the drum. My duty was to go ahead with the machinery when I got the signal from the parties that was attending to the tubs in the ship's hold or deck. That signal was a piece of wood, with some pieces of iron, connected to a line, and that was rove through pulleys, and led into the scow where I could see it. The signal that night was a piece of board or wood with some pieces of iron connected to it to weigh it down. When he was ready to go ahead in the ship the man that stood at the hatch, - the hatch-tender, - he used to pull this rope, and this here piece of wood gave a jerk up, and that signified for me to go ahead.'

At the time the accident occurred the officers of the company connected with the dock where the steam-ship lay were Storey, superintendent; next under him, Craven, foreman stevedore; and next under him, Gerraghty, second foreman or coal boss. Storey, however, was not present at that time, and Craven, being sick, left the management of the unloading to Gerraghty. The remaining facts appear from the charge of SHIPMAN, J., printed below.