Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1907-07-12
DECISION BY DOLE
IN ADMIRALTY CASE
Exceptions To Withhold
Damage Suit Are
OYerruled

morning in the case of Henry Whittho
VS.. the American barkentine Fuller
ION, in which he overruled the libelee'l
objections.
Whitthof, who was first mate of thu
Fullerton, had his arm badly injured
in the defective anchor chains wheI
the vessel was about 500 miles out o
Port Hartford. The captain instead o
putting back for medical attendance
tor the injured man, proceeded on Il
Kihei. BY the time the Fullerton
reached there, Whitthof was in baC
shape and it was necessary to ampu
tate his arm in order to save his life
He brought action against the barken
tine for damages, charging the injury
10 the libellee in providing unsafe ma
chinery and appliances for the crew il
the performance OF their duties, anu
because OF the failure of the Fullerton
to return to Port Hartford Immediately
after the injury.
The libelee excepted to the libel or
three grounds: First, because in the
arst article the libellant alleges that
his wages for a long time prior to the
siate of the accident were 500 MONTH
and board and lodging amounting to
1850 a month, Directing on the ground
that such matter is irrelevant and i'm.
material This ground Of exception is
overruled.
The second ground of exception Is
that the libel does not state facts sut.
fcient to constitute cause Of action in
that it appears from the allegations
of the libel that the injuries alleged to
have been received by the libellant
were assumed by libellant as part OF
the risks assumed by him in his EN-
| ployment." This ground of exception
is overruled, the libel having alleged
that the equipment of the vessel was
ouch that the links of the anchor chain
not being the right size to fit the wind
| lass and its appliances, made it danger
ous for those using it. A ship is re.
luired to provide the crew with safe
equipment and appliances with which
to perform their duties.
The third ground of exception is that
the libel is indefinite, uncertain, am
biguous and insufficient in this that it
does not appear in said libel neither
can it be ascertained how or in what
manner after the happening of the ac-
cident as alleged in said libel the mas.
ter of the said barkentine Fullerton
diSregarded and violated his duty ~nd
obligation to libellant by not putting
back and returning to Port Hartford or
how or in what manner said barkentine
Fullerton was to make said Port Har-
ford, or how or in what manner said
duty was violated by proceeding to the
port of kihei under tow of the steamer
Lansing, or that the said barkentine
Fullerton would have been towed back
to said Port Hartford by said steamer
Lansing"
This ground of exception is over
ruled The libel states sufficient to
show that it charges the master a The
Fullerton with failure to perform his
duty to libellant after having received
his injuries, in not Immediately return
ing to a near port where his injuries
Knight have been attended to without
the serious damage which resulted
from the long DELAY caused by his pro.
ceeding on the voyage. This is duty
which arises upon the happening of an
accident like the one alleged and it re.
Quires no request from the injured per-
son in order to make it duty OF the
ship. The ship owes it to the sailor
nnd it is a matter Of common human
ity, that the best course should be TAX
Ell, where such a course is available,
to save an injured sailor from the Sc
rious results which would be likely ia
take place with the delay which con-
tinuance of the voyage would cause.
The syllabus says:
| Pleading in admiralty-relevancy
| in libel for damages by a sailor for
| injuries received at sea through the
| fault Of the ship, it is not irrelevant
10 allege the wages and perquisites lib
|elant was receiving, Immediately be-
! fore the voyage in question, even
though he also alleged the wages he
was receiving at the time he was in
cured.
Assumption of risks by seamen: A
lreaman assumes no risks that may
arise from or that are inherent in q
defective equipment of the vessel upon
which he ships.
Deviation from voyage for medica
aid to member of crew-duty of mas.
liter: In case of an accident at sea
whereby a member of the crew of q
vessel receives serious injuries that re-
quire immediate medical aid, it is the
duty of the master, whether requested
to do so or not by the injured man, to
1eviate from his voyage for the near,
est port where such aid may be OBJ
tanned, if there is such port substan'
TALLY nearer in point of time than the
r,n,,t fo,, ~ hinh hn hnc clnnrod