Brandow v. The Barracouta
Brandow v. The Barracouta
Opinion of the Court
This is an action brought by George Brandow, a pilot of a tug-boat, to recover of the steam-ship Barracouta for personal injuries received by him under the following circumstances: The steamship Barracouta, bound to sea, was being taken out from her pier in the East river by a tug-boat of which the libelant was pilot. The tug-boat was fast on the port side of the vessel as she went out, her pilothouse being just about opposite the muzzle of a small cannon kept on the forward part of the ship for ship’s purposes. While in this position, and without notice, so far as appears from the evidence, this cannon was fired as a signal of the ship’s departure on her voyage. The effect of firing the cannon when the pilot-house of the tug was so nearly opposite and close at' hand was to burst several windows in the pilot-house, and to inflict upon the pilot standing in the pilot-house at his wheel a severe shock. From that time for some two weeks painful sensations in the ear which had been exposed to the cannon were experienced by the pilot, and then an abscess appeared in the ear, and the drum of the ear was found to be perforated; from which it would seem permanent injury to the libelant’s hearing has resulted.
I am of the opinion that negligence on the part of the vessel is shown, in that the cannon, small as it was, was fired while the pilot-house of the tug was so near to its muzzle. The statement of the master of the steamer, that he supposed he should have to pay for the glass, confirms this conclusion. The breaking of the glass also points to the same cou
Reference
- Full Case Name
- The Barracouta. Brandow v. The Barracouta
- Status
- Published