Page:Federal Reporter, 1st Series, Volume 4.djvu/664

 650 FEDEEAL BEPORTBB. �\ V ^ �"within his view and under his personal direction, I think he ought not to be considered the fellow servant of the men in the forecastle within thiB rule, but rather the locum tenens of the master and owner, for whase negligence, resulting in injury to any of the crew while in the correct discharge of their duty, the vessel and master ought to be responsible. �The relation between the master and sailor at sea is more of a parental character than that between the employer and employe on shore, — particularly in the great transportation lines, workshops, and factories of modern times; and, there- fore, the former may and do rely more for their safety and •well-being upon the foresight and personal direction of those in authority over them than the latter. Again, an employe on shore, who is unwilling to inour the risk arising from the negligence or waut of skill of a fellow servant, may ordinarily quit such employment, but a seaman must remain on board, at least until a port is made, however unskilful or negligent the mate may be. �In the argument for the respondent and claimants signifi- cance was sought to be given to the fact the libellant went aloft in his oil skins and gum boots, and by way of the rigging, instead of "shinning up the backstays." But in this instance it is too plain for argument that the libellant's f ail was not in any way attributable to the amount of clothing he wore, or the way in which he went aloft, but solely to the means he adopted of supporting himself while there — the resting his whole weight upon the crane line without being aware of its condition. From the evidence, and the very nature of the case, I am satisfied that it was just as proper, and much «asier and safer, to have climbed up the rigging and bave fiwung out on the backstays, to cast off this stop, as to have ehinned up the stays for that purpose. Under ordinary cir- cumstances an active, light man might adopt the latter way, ■while a heavy, logy one, particularly at night in rough weather, would very naturally prefer the former. �The second point made by the libellant is not so easily disposed of. It is the well-settled law that a seaman recelv- ing an injury, or becoming sick in the service of the ship ����