The Portland daily press., 1895-02-26
COAL HsAvERs' TESTIFY.
AS to the Injury of Patrick Clancy in the
Hold of the Gen. Adelbert Ames-Case
Began in the U. S. Court-Damages of
$4,000 Claimed.

$4,000 Claimed.
The case of Patrick Clancy, steyedore,
versus the schooner Gen .Adelbert Ames,''
of RockIand, came up in the United States
District court Monday afternoon. The
! lihellant claims that on the 23d of January.
he was employed as a shoyeller in the mold
of the vessel, while she was discharg ing
coal in the dock in this city. When the
cargo was nearly all discharged. it was
found that upon both of the sister keelsons
was piled hard pine plank TO the height of
four or five feet. While he was filing tub
with coal, these planks, because they were
improperly piled fell over upon him. b1eax X
ing his left thigh bono in two Places break
ing several ribs and otherwise injuring him.
| He was carried TO the Maine General
hospital, where he now ls-
1t is claimed that he will always be in
capacitated from performing manual labor
and he claims damages IN the sum of $4,000.
The owners of the vessel, was represented
by George G. Jameson of Rocaland and
Oliver Jameson, Jr., OF Natlck. Mass,
answer to the above libel that they. Eadmit
the first part, but that the piles of plank
were discovered when not more than one
third of the cargo had been discharged.
They deny that the libellant was injured to
the extent alleged. and deny that the
planks fell upon him because improperly
piled or secured, and declare that they were
such. They claiE. that the accident was
due to the fault Of the libellant and those
at work with him. and also that the master
Of the vessel, Oliver jameson, Jr., on the
day of the accident. went down the hold to
see about removing the plank and found
them SO imbedded in coal that it could not
lie done. He then informed the lbellant
and others that if they would let him know
when the coal was out so that they could be
removed, he would remove them. He did
not receive any notice that enough coal
had been taken out.
All liability is denied, and it is claimed
that the $4,000 damages is in excess of the
value of the vessel and freight pending.
Benjamin Thompson, ESQ.,. and Levi
Turner, Sr., Esq. appeared for the libel
liant and Hon. Charles E. Littlefield of
Rookland and Hon. George E. Bird of Port
land for the claimants.
AS to the saving of of The two planks that
projected over the hold and interfered with
the hosting of the buckets. Martin
CLANCY when lie got hurt. They began
work that morning atNabout 1880 o'cIeak.
and found the plank after they had got
down about i've feet. In one place they
were as high as he could reach. Duringthe
forenoon they took out two of the shorter
planks. about fourteen feet long That
forenoon the witness had talk with .ffe
captain and said the plank ought notItp
be there. He said they've been there some
time.
Two of the planks projected beyond the
forward stencheon and witness sawed them
off. He saw no strip nailed across the top
to hold the planks to the keelson. They
We're just piled up.
When the plank fell, witness was just
coming under the hatch and jumped out of
the way just il time. The last tub that
went up before the plank fell was on the
other side. Clancy was then filing the tub
on the inside toward the wharf. on which
side OF the keelson the nlank fell.
Witness never heard the captain tell any
body 10 notify him when the plank was IN
covered and he'd take them out of the way.
Cross-examined BY Mr. Littlefield. Wit
ness was at work about an hour and half
after dinner when the plank fell. They
could take out from thirty to forty tons an
| hour. They were not working fast that
day. They had TO hold the bucket SO that
az it we Mt up it would clear the lumber
Witness saw the last bucket that went up
from the starboard side.
| Other coal beavers testified as to the
situation at the time Of he accident