The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-10-21

The following facts are established
The libelant shipped on the Fullerton
December 18th, 1906, at San Francisco
as first officer, for a voyage to Kihe
and thence to Port Hartford, in the
State of California, with pay of $50
month and board and lodging, and
mad for some time previously been re-
ceiVing 500 a month and board and
lodging worth $50 a month. He held
license as chief officer for sailing
vessels over 700 tons and steam vessels
of any tonnage. On December 18th
the Fullerton was towed to sea and
on TO the offing of Port Hartford,
where she was transferred December
21st to the tow of the steamship Lans-
ing, and proceeded under such tow for
said port Of Kihei. The towline was
made up of a cable from the Lansing.
shac1led to the port anchor. chain of
the Fullerton, paid out to a length
of twenty fathoms and dashed to the
towing bitt of the Fullerton and then
passed over the wildcat of the wind
lass into the chain locker. A wildcat
or gypsy as it is sometimes called, is
part of the windlaSS on some YES
vels. 1t contains oren compa:tme ats
or divisions in its periphery which
should correspond with the size of the
links of the chain used with it, so
that link will lie in a compa rtment,
the next link connecting with the third
link in the next compartment, and so
on, whereby the chain is held by the
shoulders of every other link fitting
into it's respective compartment of the
wildcat as it revolves, carrying the
chain with it, or is held fast when
the wildcat is motionless and held by
its brake. The links of the chain used
with the port wildcat were too long to
fit into its compartments, and We're
therefore in danger of slipping over
the wildcat when carrying a strain,
in consequence whereof the use of such
chain in connection with the said wild
cat was dangerous to those attending
to it. Such chain and wildcat were
placed on board the Fullerton just
previous to the said voyage, with the
full knowledge of the master and other |
agents of the Fullerton of such mis-. |
mt. The towing chain was, during the |
said towing operations, dashed to a |
towing bitt. an upright timber three |
to three and one-half feet square, ris- |
ing out of the deck forward of the |
windlass. Such lashing previous to the |
accident was made with an old rope,
by the order of the master, against |
the remonstrance of libelant. After |
dark in the evening of December oath, |
with the ship pitching into a choppy |
sea, the towing chain started TO slip
over the wildcat, breaking such lash
ing, and libelant, with the assistance
IF some of the crew, attempted to lash
t more firmly to the said towing bitt
o stop and prevent such slipping. and,
While so engaged, the chain slipped
over the wildcat and violent
Y struck libelant. throwing him down
md pinioning and crushing his right |
lrm against the towing bitt, breaking
some of the bones and bruising and
caring the muscles and ligaments At
he time of this accident the Fuller
on was towed 500 miles away from
Port Hartford and about 1900 miles
rom Kihei. Libelant requested the
master to return to Port Hartford for
medical assistance, but the master
lecided to continue the voyage TO XII
lei. After landing a Kihei libelants
.rm was amputated near the shoulder.
AS to the first question, counsel for
ebeleeS has contended that because no
proper chain for use on board the Full
erton, in connection with her wildcat.
ould be obtained in San Francisco or
and could not be obtained
rom the East for two months. they
lad done ali which prudence and the
xigencies of the situation required; in
ther words. in order to save the Full
arton from loss by delay, the ship
vas deliberately sent to sea with APP
dances which were admittedly un> ,
afe for the use of the crew, and her :
gents were justified in so doing. The ,
lere statement of the proposition re-
utes the contention. If the ship :
ould not make proper preparations for
ca. and chose to- go to sea without
hem, it was a deliberate assumption
Y her of all risks and all damages :
hitch might result from such want of
which would include all
amages that the crew might suffer
l the way of injury through such
ant OF preparation. The only way
ut of it would have been to have 4
cquainted the crew before departure
18th the defect and its danger. and to
Continued on Page Six.)