Εικόνες σελίδας
PDF
Ηλεκτρ. έκδοση

possible inconvenience, from the moving ropes and sails, and to get them out of the way. If the libellant heard and understood the request, (which is very doubtful,) he took the risk of such inconvenience in remaining, but nothing more. If greater risk was involved, (such, for instance, as of the block giving way,) I incline to believe the respondent should be held liable for failing to remove the libellant, or to see that he distinctly understood the warning and the danger.

A decree will be entered dismissing the libel with costs.

I will add here what I had intended to say above,—that if there was failure, (as the libellant asserts,) to keep the swivel oiled, this could not, in my judgment, have contributed to the shoulder drawing out; and the question whether there was, or was not, such failure, is, therefore, unimportant. The testimony of the witnesses, who have spoken on the subject, however, is that the block appeared to be in good order in all respects.

END OF CASES IN VOL. 7

[graphic][merged small]
[graphic]
« ΠροηγούμενηΣυνέχεια »