Page:Federal Reporter, 1st Series, Volume 2.djvu/249

 242 fsdebaij bbfobtbb. �paid by the elevator oompany. At the time of receivîng the injury complained of the lower hold was about full of grain, and the hbellant was sitting in the between-decks, his work having been Buspended for the moment to permit a change in the position of the elevator spout. In the between-decks, and behind and above the Hbellant, -when so seated, a quan- tity of dunnage and plank had been stowed behind two braces, each running from the ceiling at a point about mid- way between the decks to a point on the deck beam above, several feet from the vesseFa side, and forming a sort of rack. While the libellant was seated as above described, nearly under this dunnage, the braces gave away, and the whole mass fell upon him, causing him injuries of a serious character. �The evidence leàves no room to contend that the libellant is in auy degree responsible for the falling of the dunnage upon him. He had nothing to do with the stowing of it, nor is there any evidence of his having interfered with it after it was stowed; nor was its fall occasioned by any act of his. The braces supporting the dunnage had been put up by the second mate of the vessel, some 10 days before the accident, for the purpose of stowing the dunnage behind them, and the dunnage was piled upon them by the second mate and two of the crew. Six of these racks were put up at the same time and fiUed with dunnage. This method of stowing dun- nage in the between-decks, in order to have it out of the way until needed for use, is not unusual. On the morning of the day on which the accident occurred two heavy planks were taken by the crew from the main deck of the vessel, and placed in that one of the racks which subsequently fell upon the libellant. �There is no evidence that the libellant had knowledge of this increase of the weight resting upon the braces under which he seated himself, nor did anything ooour to call the libellant's attention to this dunnage ; and there is no evidence to lead to the conclusion that any person interfered with it between the time of placing the plank upon it, at about 9 a. m.. ����