GEBRITT V. BABE EATE OANN. 247 �Bhip, and he was tliere engaged in ship's work. The ship's officers testify that they were seeing to it that the grain was properly trimmed. It would be strange indeed if he could be there so engaged without any duty on the part of the owner of the ship to see to it that he was not subjected to the péril aris- ing f rom such a structure as the évidence discloses this pile of dunnage and plank to hâve been. �Moreover, in the case of the Germania, the injuries arose from that common and at most times necessary feature of a ship's deck while in port, viz., an open hatch; while hère the libellant was injured because of the dangerous character of a structure erected in the between-decks, as to the nature of which the libellant had no means of informing himself, and respecting which he was informed by no one. This case would seem to be within the rule as stated in Smith v. Dock Co. 3 L. E. G. P. 326, that persons inviting others on their premises are answerable for anything in the nature of a trap upon' their grounds. It is certainly within the principle of the case of Indemaux v. Dawes, 2 L. E. G. P. 311, where a gas-fitter, having contracted to fîx certain gas apparatus to the def endant's premises, sent his workman, the plaintiff, after the apparatus had been fixed, and by appointment with the défendant, to see that it acted properly, and the workman having gone upon the défendant 's premises fell through an unfenced shaft in the floor and was injured. In that case the plaintiff was held entitled to recover because he was not a mère volunteer. �For thèse reasons I conclude that the damages sued for arose from the neglect of a duty owing by the ship-owner to the libellant. This neglect was the neglect of a maritime duty, and attaches to the ship herself. Not only did the neg- lect occur upon navigable water, but in the performance of a service necessary to be performed to enable the ship to receive her cargo. The stowing of this dunnage was part of the ordi- nary duty of the ship's crew, and in this case was done by the crew. The object of stowing the dunnage was to facilitate the taking in of the very caffgo upon which the libellant was ����
Page:Federal Reporter, 1st Series, Volume 2.djvu/254
This page needs to be proofread.