Page:Federal Reporter, 1st Series, Volume 7.djvu/794

 783 PEDEBAIi BBPOBTEB. �by the agrecmejit between the sbip aud the stevedore th© Btevedore was to have the use of the derrick and the cbain in discharging the sbip. After one of the loaded tubs had been hauled upabove the deck, and before it was swung clear of the hatch, the chain parted and the loaded tub and part of the chain fell back into the hold, injuring the libel- lant very severely. The question is whether the ship is lia- ble for the damages. The test is whether the owner would be liable under the same circumstances at common law. The Germania, 9 Ben. 358. The libel alleges that the part- ingof the chain was caused by defects in it, and to its being unsuitable for the purpose to whicb it was devoted by the ship ; that the accident was caused solely by the neglect of those controlling said ship in using, and permitting to be used such defective chain, and not properly guarding and proteoting the said chain and appurtenances. The answer denies the negligence alleged in the libel; avers that the defect in the chain was a latent defect, one which could not be known to the respondent on a oareful examidation. It also avers contributory negligence on the part of the libel- lant, and alleges that the accident was caused by the negli- gence of bis co-servants, who were also, with bim, servants of the owner of the sbip. �It was proved that the ship was about two years old; that she had, during that time, been engaged in bringing tin and iron from Great Britain to New York; that she was furnished with three hoisting ehains of similar character at three of her hatches. These ehains had becn in use since the vessel was built in. discharging bercargoes. They were such ehains as were commonly used on ships for that purpose. On the day before the accident the chain at the hatch where this accident happened parted while they were hoisting tin on a platform. It was lifting at the time about 1,700 to 1,800 pounds. The stevedore, with the help of the mate, then unrove the chain from another hatch, and replaced it upon the hatch where the accident happened, and with this chain they commenced discharging Spiegel iron. After several tubs had been hoisted this chain parted, doing the injury to the libel- ��� �