The Portland daily press., 1896-03-14
AN INTERESTING CASE.
That of Anderson and Foxton VS..
Boyd.


1t Was Heard In August 1898, and Related
to an Accident Which Occurred the Pre-
vious May.
In the United States District court
yesterday Judge Webb rendered decis-
ion in case of some local importance
May 18th, 1898, the barkentine Hattie
G. Dixon was lying at Deak's wharf, and
Captain James Fl. Boyd the rigger had
a Grew engaged in lowering the maintop-
gallantmast. A fivs-eights chain had
been fastened to the top of the topmast,
and had been used in the lowering
process. 1t had been broken and at that
time was secured by what is called a
carpenters link In the course of
the work the chain parted at this link,
and the block to which 1t was attached
rebounded striking one Of the ringers,
Joseph T. Anderson, on the head killing
him instantly.
At that time another of Captain
Boyd's riggers William Foxton, of this
city, had his hands near the socket of the
topmast. His hands were pinned in the
socket and he hung by them several min
utes before he was released. He lost tho
little finger, and the three other fingers
of one hand at the first joint and the f1ng-
ers of the other hand at the second joint
AT the time Of the q ccident Anderson
was on the for etop and fell to the deck.
At the hearing before Judge Webb in
the United States DistrioU court, August
9th, 1898. it was in evidence that in or
der to allow the topmast to slide down
through the iron which bin DIS it to the
foremost, it was necessa ~ to rig block
over the foremost head, in order that
power from the windlass might be applied
to raise the topmast enough to allow the
removal of fid, and that for the pur-
pose of removing this block Captain
Boyd sent up what is called the "star-
board shankpaintsr chain," and that
when the power was applied to the wind
lass the chain broke, and the block re-
bounded.
Mrs. Jennie E. Anderson, widow of
Joseph F. Anderson, brought suit
against Captain aBoyd to recover $40, O0O
for the death of her husband, and Will
liam Foxton brought suit to recover
SIS, GOO for injuries sustained at the time.
Benjamin Thompson, Esq, appeared for
both libellants. and Symonds, Snow &
Cook for Captain Boyd
Mr.. Thompson claimed that the chain
sent up by Captain Boyd was rusty, weak
and unfit for the purpose, and the de-
fence insisted that it was in every way
suitable, and that Anderson and Foxton
being experienced ringers should have
known as to the suitability of the ma
terial they were using, and that the &C
dent was rather eaused by the improper
way in which the block was secured.
The case turned on the condition of
the chain, and a broken link was intro.
duoed in evidence. During the hearing
there was a pathetic scene when John
Swanson, the father-in-lsw Of Anderson
was on the stand. The old man was
completely overcome by his feelings and
WAS obliged to leave the stand. The mass
of the testimony related to the nature of
the fastening made for the tackle, and
to the condition of the chain at the point
where the break occurred.
Judge Webb yesterday afte rnoon made
a decree in favor of the libell ants, giving
Mrs. Anderson 81 so and costs, and Mr.
FoxGon $3.50 an d costs.