Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1906-12-26
RAISES QUESTION
Of GREAT IMPORT.
Does Liability Clause
Affect Steamship
Companies?

Inc llDCl Oh MARI WeluH1Hn aEdinSt
the Amcrican.Hawaiian steamship Ne.
braskan, which Is to come up before
Judge Dole. raises one Of the most i'm.
portant questions that has come up in
the admiralty court for years. The
question. probably through some other
case, will undoubtedly come up before
the United States Supreme Court
sooner or later.
Were II not for the question raised
the case of Weidman against the Ne
braskan would be of little Importance,
being merely damage suit involving
no great amount of money. But the
question that II raises Is whether ~
not steamship lines are liable for dam.
ages received by their employees
through the negligence of agents or
employees of the company.
For many years. centuries almost. Il
has been a matter of common law that
on account of injuries received by
men in their employ through the ncgli
gcncc of fellow employees. This was
known as the fellow.servant law.
But at the last session of Congress
n law was passed which completely
ovcrthrows this old common law. In
50 far as common carriers are con
ccrnod The law makes common car.
riers responsible and liable for dam.
ages for injuries received by any Of
/ their employees through the careless.
ness or negligence of any agent or en-.
/ ploycc of the company.
| The question that now arises is
| whether or not steamship companies
! ricrs before the law. This is u matter
which Judge Dole will he called upon
tn decide. Should his decision he ad
verse TO the company, It Is not ut all
improbable that the matter will be car.
ricd up to the Supreme Court OF the
United States, not on account Of the
Importance of the suit brought by
Wcidman so far as the amount inyolv.
ed is concerned, but because Judgment
for the plaintiff would mean the bring
ilS WI many oln'I Suits VI SiHiiidi
nature and the establishment of a pre-
cedcnt that would be bound to rcsul,
In great expense to the American.iIa
waiian and all other American steam
ship companies.
The particulars of Weidman's sui
have been related before. He was 1
seaman on the steamship Ncbraskan
When she was in port here last time
according to the story, told by Weld
man in his libel, he was painting tn,
ships side. The cargo was being un
loaded at that time, and as he cam,
under one of the gangways, a sheet o
iron was let slip by the workmen do
Ing the unloading. II struck him {
glancing blow on the back and shoul
doris. injuring him slightly.
Weidman was sent to the Marin,
Hospital. where the surgeon Is sale
To have said there was nothing serious
the matter with him. He was patched
up and so-i back to work. Then h,
fell into the Il mes or a lawyer, VIII,
sent him to another doctor. This doc
tor also examined him and pronounce,
him all right and NJ for work.
The man. however. brought suit fo
$1,000 damages. II Is now up to judge
Dole, In case II Is proven that the maj
was really damaged 10 any amount, I,
decide whether the steamship com
pany is to be held liable for the dam
ages.
The employers liability bill, as pass
ed was aimed at the railroads. Shoul'
the courts decide that It's provisions
affect also the steamship companies, l
will open the way for great amour
of litigation, by affording seamen tn
same protection that Is now given rail
road employees.