Tammis v. Panama Railroad

Headnote

Negligence — master and servant —■ ships and shipping —• action to recover for injury to seaman through explosion of cylinders of steam winch — erroneous charge and refusal to charge.

Tammis v. Panama R. R. Co., 208 App. Div. 706 , affirmed.

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 7, 1923, reversing a judgment in favor of plaintiff entered upon a verdict and granting a new trial in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant. Plaintiff, a seaman on one of defendant’s vessels, was injured by reason of the explosion of the cylinder head of a steam winch. The Appellate Division held that it was error to charge that a ship owner warrants the seaworthiness and fitness of a ship’s appliances, and also error to refuse to charge that if the defendant supplied such an engine as was customarily used, with an uncracked cylinder, and equipped with proper drain valves, the defendant discharged its duty in providing the ship with a seaworthy engine, and could not be found liable.