Page:Federal Reporter, 1st Series, Volume 7.djvu/793

 THE BHEOLA. ���and not mediately, attaofaing his solid piece tbthe azle 6t the wheels. �There must be a decree for the complainants, and a ref-' erence for an account, according to the prayer of the bill. ���The Eheola. (Disiriet Court, 8. B. New York. Jauuary 26, 188L) �1. PEKSOKAIi InJUEY— UNLOADraQ CaBGO— PRITITT ' OP CONTBACT — �Negligence. �Where a stevedore, ^avinc contracted with the steam-ship R. to discharge her cargo of Spiegel iron, with the use of her derrick and chain, employed the libellant to assist in unloading, and the latter, while 80 engaged in the lower hold, was severely injured by the fall- ing of a loaded tub, with part of the chain which bad parted, the break being due to a detective link, — �Hdd, that the allegation in the answer that the libellant and steve- dore were co-servants of the respondent, being obviously a mistake, and there heing no privity between the libellant and the respondent, the plaintjfE cannot jecover for a breach of contr^ct ; that io, aucb b case it would seem the employer can only be held liable if the defect^ in the article that caused the injury 'Was of an imminently dangerous 1 nature; that even if the degree of negligence Sufflclentto make tte respondent liable as employer were enough, still the plaintifli caunot recover,— the evidence sho wing that the defectivachaia was examined with ordinary care befbre being used, was apparently strong enough for the purpose intended, and that the defect was neither known to nor discoverable by the respondent by the exercise of suchcarej �In Admiralty. �W. R. Beehe, for libellant. �W. W. Goodrich^ for claimant. �Choate, D. J". This is a suit in rem to recover damages Bustained by the libellant on board the British steam-ship Eheola while, she was lying at a dock in Brooklyn and. her cargo was being discharged. The libellant was in the em- ploy of the stevedore, and acting under his directions. He was in the lower hold, with several other men, engaged in filling the hoisting tubs with Spiegel iron, which they were then discharging. The tubs were hoisted by a chain rigged on a derrick. The derrick and chain belonged to the ship, and ��� �