The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-02-27
NEGLIGENCE
COMES HIGH
Damages to Donovan of
$8O0---FederaI Court
Proceedings.

in the United states District Court yes
A Holden, which was held up at Ka-
huIui 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. Dunno was proctor for Hbellant,
Robertson & Wilder defending the libel
lee.
on voyage of the schooner from
Newcastle, y. S. W., to the Hawaiian
Islands. Donovan was injured while as
sisting a 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.
Donovan'S foot got entangled in the
slack and the rope Tightening from the
swing of the gaff 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-
thor.ities 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 We're 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 libeiiant in the acct
due to the negligence of his fellow
dangers of the sea-
sisted of 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 a cure, so far as the same can
be done by the use of the ordinary |
medical means"
The Willis A. Holden arrived at Ka-
1ului about October 4th or 9Th, for |
custom house entry, and Immediately |
vent to Kaanapali. her port of destina
ion, arriving there October 9th. There |
yas no complaint by libellant as to the !
are and attention he received on the |
yoyage, the captain affording him suchI
medical! treatment as his knowledge and
he resources of the ship permitted.
\ physician believed by Donovan to be
quarantine officer gave him advice
With some treatment, off and on, until
md including October 9Th, other than
which he received no further medical
attention aboard the schooner. The
aptain claimed he had the Govern
nent physician at Kaanapali-who, as
lie said, came aboard to examine the
rew-Iook at Donovan's foot and that
his doctor treated the foot on the 18th,
tn and 10th of October. besides sending
Medicine to the ship by the captain on
he 18th. Judge Dole suspects that the
aptain confused the names Kahului
nd Kaanapai.
Donovan was discharged on the 18th
nd he testified he was not sent to any
ospital, but that the captain put him
If from time to time when he had ask
d for a permit to go to a hospital.
he captain to a certain extent con-
radicted him on this point. Donovan
1T the ship Immediately upon his dis
barge, going ashore at Kaanap pail and
hence in a carriage to Lahaina. There
e consulted DR.. Moiony and paid him
x dollars for dressing his foot. He
cached the Queens Hospital in Homo
llu on October II and remained there'l
nti1 November "a.
DIR. Walters gave expert testimony on
n X-ray examination of Donovan's
,ot. DR.. Mays also testified of the in
Try, both doctors agreeing that the
jury was permanent. The evidence
pes not show to the court whether the
clay between the arrival of the vessel
nd Donovan's entrance to the hos
tai may have prejudiced his chances
recovery, but it was the duty of the
Zip to have obtained for him, without
necessary delay, surgical attention S
Id a chance to have such treatment o
might be necessary to possible
ire. 1 find that this duty was neg o
cted by the master S
MORE SENTENCES.
Judge Dole sentenced two more of the
N Dollar Club members for con-
Tracy. Mort was given a sentence of
t1r months, and Abe six months i'm
isoument. Abe was student of. GA
College and had studied law. facts
at the court deemed to -enhance his
FITNESS.
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