Page:Federal Reporter, 1st Series, Volume 1.djvu/98

 90 FJiDEIlAL KEPORTEB. �places lapping over each other. Between the stanchions amidships were open spaces; and in one place, just aft the forward beam, several of the deals were too short to extend to the forward beam, and these were therefore left with one end unsupported by a beam. �The libellant was employedto assist in stowing the cargo of the steamer. In the course of such employment he was di- reeted to go to the eyes of the ship for some dunnage. No directions were given as to how the libellant was to go for- ward. He might have gone upon the stringer with safety, Instead of so doing he went upon the deals that were lying upon the beams. While so proceeding he stepped upon the unsupported ends of the deals that failed to extend to the for- ward beam. The deals tilted under his weight and he was precipitated to the lower hold, several deals falling with him, and thus received the injuries complained of. �Upon these facts the first question arising is, whether neg- ligence bas been proved. Clearly it was not negligence to allow the lower deck beams of this steamer to remain uncov- ered by a deck. The owners of the vessel had the right to construct and use their ship without any lower deck upon the lower deck beams. Such a between-decks being a eommon feature in ships, it canhot be held that a vessel so conatructed was an improper vessel so far as her construction was con- cerned. �Neither was there any negligence in using the lower deck beams for the purpose of stowing loose plank upon them for a temporary purpose ; such a use of this portion of a vessel is-not unusual or improper. If there was any negligence it was in placing the loose deals upon the beams in such a manner as to leave their ends unsupported at the place where the libellant fell. But as already stated the deals were not intended to serve as a deck, nor was it neoessary to go upon them in order to reach the place to which the libellant was sent for dunnage. There being no duty on the part of the ship to maintain a deck in the between-decks, and the evi- dence rendering it impossible to hold that the deals formed a ��� �