The Manitoba
The Manitoba
Opinion of the Court
(after stating tbe facts). The weight of testimony shows that the “Jacob’s Ladder” was new, sound, good of its kind, and that the step did not give way as libelant supposed. Such ladders are in frequent use on board ship and familiar. This was in use for two days by many persons and the stanchion behind it prevented swaying backwards; it was not unsafe for persons used to it. It was voluntarily taken by the stevedore’s men; and voluntarily used by them and by tbe libelant; there was no concealed danger about it, and the ship owed no duty to the libelant to provide other means of descent to the hold — certainly not except on call for it. I think the accident was due to the libelant’s foot missing the step in some way, or slipping; he was near the top, and near the box beam where the swing would he least.
Libel dismissed.
Reference
- Full Case Name
- THE MANITOBA
- Status
- Published
- Syllabus
- Personal Injuries — Fall from “Jacob’s Ladder” into Hold. Where a hag sewer in the employ of a warehouse company at' whose dock a steamship was discharging was directed hy his employers to go into one of the holds of the vessel to mend coffee hags, and in going down voluntarily made use of a rope ladder, with wooden steps, which the vessel had furnished to contracting stevedores who had rigged it in the hatchway, and after descending it in safety was injured by falling from it in attempting to ascend it at the close of the day, it was held (1) that the ladder was safe and sound of its kind; (2) that the shipowners owed no duty to the libelant to furnish him with a different kind of a ladder; and (3) that the libelant could not recover damages from the shipowners. (Syllabus by the Court.)