THE CYPRUS. KELLEY v. THE CYPRUS

THE CYPRUS. KELLEY v. THE CYPRUS. (District Court, S. D. New York. March 29, 1893.) Shipping — Personal Injuries — Defective Appliances — Contributory Neg LIGENCE. A vessel is liable for maintaining defective and unsafe appliances, but an. employe who knew of such defect, but failed to use additional care, is not entitled to full damages in case of injury. 3a Aíkaii-üM,). Libel by William S. Keiley, as guardian, etc., against tlie steamship Cyprus, for personal injuries. Decree for libelant. -Libelant, a boy of 1(5, was employed on board the steamship Oypros by a boiler cleaner who was cleaning tho steamer’s engines under contract. Tho entrance to tho boiler room was by means of an iron ladder, leading into the stoke hole. The ladder was bolted fast at the bottom on each side, and was designed to bo fastened at tho top to the deck on each side, but the evidence fended to show that the fastenings at the top on ono side were not in place. The sides of the Judder wiie flat, iron plates, and, instead of single large rungs for steps, two iron rods, about an inch apart, were riveted in for each step. libelant to« lifted that rho want of a fastening on one side of ttio ladder, at the top, caused it to sway under his weight as he was ascending' it, in consequence of which he lost his foothold, and fell into the stoke hole, libelant liad been up and down the ladder several times previously on that day, and was aware iliat it was shaky, and insecurely fastened on one side, at the top. William B. Tullís, for libelant. Convers & Kdrlin, for claimants. [MAJORITY — BROWN, District Judge.] BROWN, District Judge. The evidence leaves no doubt 'that the ladder in the present ease was in a defective and unsafe condition through the absence of the usual fastening at the top on. the right-hand side. The ship is responsible for this defect. The A. Heaton, 43 Fed. Rep. 592; The France, 53 Fed. Rep. 843. The libelant must, however, have had previous knowledge of the unsteadiness of the ladder from his previous use of it. Me must have gone up and down the same ladder that day at least three iinr\s before. The witnesses show that its condition in the morning was the same. Notwithstanding the defect, 1 have no doubt that, he could have gone up wiihoui falling, as he and others had already done, had he used the additional care which proper caution, would show to be nem&aqr. Both are, therefore, chargeable wilh fault. As the libelant lias practically fully recovered, and is not entitled to Ms foil damages by reason of Ida own. contribuí ory negligence. (The Max Morris, 137 U. S. 1, 11 Sup. Ct. Rep. 29.) t award Mm §300, with costa. A decree may be entered accordingly.