Page:Federal Reporter, 1st Series, Volume 7.djvu/938

 9S^ FB^EBAli BEFOBTUB. �tain says, if it had been presented before he left. If lie had paid it when informed of the > demand, I would allow the libellant no costs. As it waa not then paid, I will allow the claim for wharfage, (|10,) and half costs. A decree may be prepared accordingly. ���The Nedebland.* �IDietrkt Court, B. B. Pennsyltania. June 14, 1881.) �1. CoMMON Carbikb— Injttbt to PASBBNaEE— LATENT Dkfkcts m Ma- �CHINBBT. �A steam-sliip company is bound to observe the highest degree of care for a passenger's safety, but is not responsibie for accidents re- sulting from latent defects in macliinery and not avoidable by such care. �2. 8A!pi. �Apassenger on a steam-sUp was injured by the fall of a boom caused by the drawing ont of the shoulder of a s-wivel-hook from the band surrounding the block to which it was attached. It appeared that the accident must have resulted from a defect in the shoulder not discoverable by inspection of the block. Held, that the steam- Bhip was not liable. �Libel to recoyer damages for injuries suffered by libellant through an accident to the tackle of respondents' vessel. The facts were as follows : �During a voyage of the steam-ship Nederland, while the ship's crew ■were in the act of setting the fore try-sail, the shoulder of the swivel hook of the lower hlock, attached to an eyeholt lu the deck, drew out from the iron strap surrounding the block, and caused the boom to fall to the deck. The libellant, who was a passenger, and who was rightfully on the deck at the time, was struck by the boom and injured. The libel- lant contended that the block had not been properly overhauled and examined ; that the swivel was not kept oiled, but allowed to rust, and that the drawing out of the shoulder was due to this cause. The respondents , alleged that the block was apparently in good condition, and that the accident could have resulted only through some defect in the shoulder not discoverable by inspection of the block. There was some evidence of a request to passengers before the accident to move from the position oc- cupied by libellant, but it was not shown that he was warned of any dan- ger of accident, or that he heard or understood the request to move. �♦Reported by Frank P. Prichard, Eaq., of the PMladelphia bar. ��� �