Hollinger v. Medina

BARNARD, P. J. This is an action against the owners of the tuna clipper “Cabrillo” based upon injuries received by the plaintiff while on the high seas, the action having been brought and tried on the theory that certain equipment was unseaworthy.

The plaintiff was injured while on his first trip as engineer on this boat. One of his duties as engineer was to care for the refrigerating system. In this connection it was necessary at times to drain an oil trap attached to an ammonia receiver. The plaintiff attempted to do this, using a piece of equipment which was at hand and which consisted of a short piece of hose to which was attached a nipple threaded to fit the spout of a valve attached to the ammonia tank. Having attached this hose the plaintiff opened the valve for the purpose of allowing the ammonia, which was under a high pressure, to blow the refuse out of the oil trap. The resulting pressure in the hose caused it to burst and the plaintiff was severely burned by the escaping ammonia.

Under familiar rules applicable in such eases, and under appropriate instructions by the court, the jury applied the [755]doctrine of comparative negligence finding that the plaintiff was 90 per cent negligent and that the defendant owners were 10 per cent negligent. Having found that the plaintiff had been damaged to the amount of $10,000, the jury rendered a verdict against the defendants for $1,000, and judgment was entered accordingly. The defendants have appealed from the judgment and from an order denying their motion for a judgment notwithstanding the verdict.

The sole point raised on this appeal is that the court erred in refusing to order a judgment for the appellants notwithstanding the verdict. In support of this position it is argued that the evidence conclusively shows that the hose contrivance which the respondent used was not furnished as a part of the equipment for the boat; that other materials were on board from which the respondent might have made a suitable and safe device for draining the oil trap; and that the respondent breached his contract with the appellants by failing to construct and use such a safe piece of equipment.

There is no dispute as to the general rules of law applicable in such a case. It is admitted that negligence on either side is not controlling and the appellants concede the general rule that a ship owner is under the duty of seeing that his ship and equipment are seaworthy, and that this duty cannot be delegated to another. In brief, their contention is that this general rule is not here applicable for the reason that the respondent was hired as chief engineer; that it was his duty as such engineer to see that this part of the boat’s equipment was seaworthy and safe: and that it must be held, as a matter of law, that he failed to perform that duty.