Page:Federal Reporter, 1st Series, Volume 4.djvu/174

160 FEDERAL BBFOSTBB. �Nelson, D. J. The libellant, while employed as a steve- dore,in shif ting coal in the bet^veen-decks of the British steam- ship Victoria, then lying at the wharf in East Boston, was injured by falling into the lower hold, through a hatchway which was negligently left open by other persons employed on board in discharging cargo, and this libel is broaght to recover damages for the libellant's injuries. It is unneces- eary to decide whetber the libel is properly brought against the vessel, for it is clear it cannot be maintained against the vessel, unless it could also be maintained against the owners, and I am of the opinion that the owners are not responsible for the accident. There is no evidence in the case that the Bteam-ship was improperly constructed or equipped, or that the officers and men on board were incompetent or unsuita- ble, or that the accident was caused by any other failure of duty on the part of the owners. The libellant, and the per- sons through whose negligence the hatchway was left open, ' were fellow servants, engagea in the same general employ- ment of the owners. It is too well settled to admit of discus- sion that the master is not responsible to those in his em- ploy for injuries resulting from the negligence, carelessness, or misconduct of a fellow servant. Halverson v. Nisen, 3 Sawy. 662 ; Malone v. Western Transportation Co. 6 Biss. 315. �Jjibel dismissed. ����