The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-03-01
NEGLIGENCE
COMES HIGH.
Damages to Donovan Of
$SOO---FederaI Court
Proceedings.

Ntiuds, tht american WHITES
A. Holden, which was held up at Ka-
hului under attachment in the case, is
condemned to pay damages of eight
hundred dollars with costs to John NJ.
Donovan, second mate of the vessel, for
neglect to care for him properly when
injured in the performance of his duty
j. j. Dunno was proctor for libellant
Robertson & Wilder defending the libel
lee.
on voyage of the schooner from
Newcastle, n. S. W., to the Hawaiian
Islands, Donovan was injured while as
sisting seaman in taking in the slack
of the downhaul while the foresail was
being lowered Owing to the rolling of
the vessel the rope, at the rate it was
paying down, could not be kept taut.
Donovans foot got entangled in the
slack and the rope tightening from the
swing of the gaif drew the man into
the air for ten feet or more, lacerat-
ing one foot to the bone and and drop
ping him on the deck so as to cause
minor injuries in different parts of the
body. From that time until the schoon-
err reached the Island of Maui, about
October 10, libellant was disabled and
helpless, lying in his bunk and suffer-
ing great pain.
The court quotes a number of au-
thorities on the question of the owners
responsibility where negligence of an
injured persons fellow servants is
shown. Having found that in this case
the sailors letting down the foresail did
so more rapidly than two men taking
in the slack could safely handle it, the
court decides this phase of the case
thus:
The occupation of navigating ships
is not regarded as one of great and
unusual danger and in this case there
is no evidence that the appliances fur
nished by the owners for the manage
ment of the vessel were not in a reas-
onably safe condition for the work
Il find that the vessel and the owners
are not liable in damages for the in
juries received by libelant in the acct
dent referred to- which injuries were
due to the negligence of his fellow
servants and partially, perhaps, to the
dangers of the sea-"
The second branch of the case con-
sisted of a claim for damages on ac-
count of the failure of the schooner,
her master and owner to supply libel
liant with proper surgical treatment
at the end of the voyage. On this the
court finds the following law:
"a seaman injured in the service of
his vessel, even though the injury be
the result of ordinary negligence on his
part, is entitled to be taken care of at
the expense of the vessel until the end
of the voyage and longer if necessary
to effect cure, SO far as the same can
be done by the use of the ordinary
medical MEANS"
The Willis A. Holden arrived at Ka-
hului about October 4th or 5th, for
custom house entry, and Immediately |
went to kaanapali, her port of destina-
ton, arriving there October 9th. There |
care and attention he received on the !
voyage, the captain affording him such |
medical treatment as his knowledge and |
the resources of the ship permitted. |
A physician believed by Donovan to be |
a quarantine officer gave him advice
with some treatment, OFF and on, until |
and including October 9th, other than |
which ne received no further medical |
4ttention aboard the schooner. The
captain claimed he had the Govern
ment physician at Kaanapali-who, as
he said, came aboard to examine the |
crew-look at Donovan's foot and that |
this doctor treated the foot on the 9TH,
Sth and 10th of October besides sending ,
to the ship by the captain on
the 18th. Judge Dole suspects that the !
captain confused the names Kahului ,
and Kaanapali
Donovan was discharged on the 18th
and he testified he was not sent to any
hospital, but that the captain put him
off from time to time when he had ask
I'd for a permit to go to a hospital.
The captain to a certain extent con-
radicted him on this point. Donovan
eft the ship Immediately upon his dis
,harge, going ashore at Kaanapali and
hence in a carriage to Lahaina. There
lie consulted DR.. Molony and paid him
Xix dollars for dressing his foot. He
cached the Queens Hospital in Homo
ulu on October II and remained there
Until November "a.
DR.. Walters gave expert testimony on
IN X-ray examination of DonoYan's
DOT. DIR. Mays also testified of the in
ury, both doctors agreeing that the
injury was permanent. The evidence
!oes not show to the court whether the
Ielay between the arrival of the vessel
md Donovan's entrance to the hos
'ital may have prejudiced his chances
# recovery, but 1t was the duty of the
hip to have obtained for him, without
delay surgical attention
nd chance to have such treatment
s might be necessary TO a possible
ure. l find that this duty was neg
acted by the master"
MORE SENTENCES.
Judge Dole sentenced two more of the
'en Dollar Club members for COM
piracy. Mort was given a sentence of
our months, and Abe six months i'm
risonment. Abe was a student of Ca
u College and had studied law, facts
hat the court deemed to enhance his
uiltiness.
NEW CITIZENS.
fol Oh