The San Francisco call., 1897-04-27
LABOR HAS
SOME RIGHTS
United States Judge Nor
row Rendered a Deci-
sion to That Effect.
Six Thousand Dollars Damages
Awarded to an Injured
Stevedore.
Employers Must Care for the Safsty
of Their Hired Help or Be
Mulcted

United States Judge Morrow rendered a
very important decision yesterday morn
| ing in the case Of Jens P. Jensen against
the ship Joseph B. Thomas, J. F. Chap
man and others, to recover SIC, 600 damages
for injuries received by Jensen caused by
keg falling upon him through a hatch
way. while he was working in the hold as
| a stevedore.
Judge Morrow's opinion shows prodi.
gious research, and foots up 1900 words,
most of the space being taken up with
references to q wide range of authorities
settling similar points of disputes in other
cases.
1t was set up in the defense of the case
that the keg had been tipped into the
hatchway by another stevedore, and not
bv mem Der of the ships crew. The court
after summarizing the testimony pro-
ceeded TO say:
conclude, therefore, that it was one of
these young men, and not one of the steve
dores. who stepped on the hatch-covers, up
setting the keg, and in no view OF the case Cal
lhe act OF tipping the ha ch-coVer and causin g
the keg to roll into the hatchway be construed
as the act of fellow-servant. But it is imma-
terial, in my opinion, whether the person who
stepped on the hatch-cOver was one of the
young men connected with the vessel or
whether 1t was one of the stevedores, IL the
act OF placing the keg at The hatch-eover to
dry was failure to observe ordinary care, or,
in other words, was culpaDle negligence on the
part of those connected with the vessel For
it is n defense in action for a negligent in
jury that the negligence of third person. or
an inevitable accident, or an inanimate thing
contributed 10 cause the injury of the plain
TIFF, If the negligence of the defendant was the
efficient cause of the injury. DC American
and English Encyclopedia ana cases there
cited.)
Dav
way Company (Mo. Sup.), 81 S. w. $50, it was
held that where the plaintiff was injured by
The fitting OF the cover OF a manhole main
tanned by the defendant in the sidewalk in
front of his premises the fact that an indie
peudent con tractor, who delivered coal to the
defendant, negiisently failed to replace the
cover properly will not relieve defendant
from liability II the negligent con siruction of
the cover directly contributed to plaintiffs
injury.
Under these ru es of law the i'm portant in
quiry, manifestly, is whether the acl, by those
in cnarge OF the vessel, in placing the keg
the hatch-covers to dry at such close proximity
TO the ha atchway WAS negligence, and whether
such ne egligence concurred with the acciden tai
tipping OF the hach-covers to produce the in
jury 10 the libelaut. To establish the defend
ants liability his negligence need not neees-
sarily have been the i'm Mediate cause of the
injury; provided it be substantial part of
the cause he Will be none the less liable be-
cause the injury may have been con tributed
to by the Intervening negligence OF q third
person.
Judge Morrow quoted to the same effect
a large number of authorities, and con-
cluded by calling attention TO the severity
OF the Injuries received by Jensen. His
skull was fractured by the blow, resulting
in paralysis and permanent injury of g
verv grave character
The court added: II think that under
all the circumstances of the case. and par
ticnlarly in view of the fact that his earn
ing capacity has been destroyed, the libel
ant should be allowed the gross sum Of
$4,000. A d cree in that amount will be
entered in favor of the libelant with COSTS"