The Westport
The Westport
Opinion of the Court
This is an action to recover damages for personal injuries sustained by the libelant while serving as a seaman on board the steamer Westport. The libelant, when injured, was engaged in taking care of the slack of a hawser with which the Westport was being warped to the wharf in San Pedro Plarbor. A few minutes before the accident the captain gave orders for this hawser to be taken from the bitts and carried to the capstan, which was done. The hawser was then hove tight, and a strain put upon it by the backing of the steamer which carried the capstan away, severely injuring the libelant in the chest and back, and also breaking both legs, one of which had to be amputated. It is conceded that the capstan was only fit for use in heaving in the slack of the hawser, and was entirely insufficient to sustain such a strain as was required in using it for the purpose of warping the steamer. It is also conceded that this weak and defective condition of the capstan was known to the master, but not to the libelant, or to the other seamen engaged in working it. The Westport had on at the time a deck load of lumber 12 or 13 feet in height, which prevented the master, in the position where he stood upon the bridge, from seeing the capstan or the men engaged in working there. The contention of claimants is that before any strain was put upon the hawser by backing the steamer the master gave a second order to take the hawser from the capstan, and make it fast to the bitts; and it is insisted that, if this order had been obeyed, the accident would not have occurred, and that, therefore, the proximate cause of the injury received by the libelant was the disobedience of this order by himself and his fellow servants. I am not satisfied from the evidence that such an order was given. The libelant testified that he understood the order to be to make the hawser good and fast, and take more turns; and this is, in substance, the evidence of two of the sailors who were assisting him. Capt. Seel, an intelligent and apparently disinterested witness, called in behalf of
Upon the question of damages the evidence shows that at the time of the accident the libelant was in his twenty-second year, in good health, and earning $45 per month as an able seaman. The injuries received were attended with great suffering and pain, and have made him a cripple for life. In my judgment, the libelant is entitled to recover damages in the sum of $4,500 and costs.
Reference
- Full Case Name
- THE WESTPORT
- Cited By
- 1 case
- Status
- Published
- Syllabus
- L Master and Servant — Injury of Seaman — Unsafe Place to Worn. By order of the master of a steamer, libelant and other seamen removed from the bitts and carried to the capstan a hawser with which the vessel was being warped to a wharf. The hawser was then hove tight and tautened by backing the vessel, when the capstan gave way, and libelant was severely and permanently injured. The capstan was wholly insufficient to stand the strain put upon it in warping the steamer, and was known to be so by the master, but not by libelant; and the master claimed that before backing he directed the hawser to be taken from the capstan and made fast to the bitts; but, if such order was given, it was not understood by the men. Held that, even if given, it did not relieve the vessel from liability for the failure of the master to see that it was understood and obeyed before backing, through which libelant was placed in a dangerous position.