Page:Federal Reporter, 1st Series, Volume 4.djvu/662

C48 rEDKEAIi EEPOETEE. �longitude 110 west, at which time he beeame satisfied that it was broken. �The Chandos arrived in the Colnmbia river on August lOth, and anchored in Baker's bay, where she remained 10 days, and then proceeded to Portland, where she arrived on August 22d. There the libellant was sent to the marine hos- pital, where he remained about two months. From the evi- dence of the hospital physicians the bons bas united and the leg will in ail probability be strong and sound, but it is about three inches short ; the knee ia also somewhat stiff, but that will probably paas away. �The libellant brings this suit against the vessel and the master to recover $5,000 damages for the injury sulïered by the fall, and the subsequent inattention, alleging that the fall was caused by the negleot of the master in not providing a sufBcient crane line, and that the shortening of his leg was caused by neglect and the want of proper treatment after the fracture. �Upon the first point I find against the libellant. From the evidence it plainly appears that the crane line is not pri- marily a foot-rope, and that it is put upon the stays to keep them steady, and not to walk upon, but that it is often used by seamen more or less as a support or rest in going from the top to the stop and casting it off. It also appears that this line, which is usually on this vessel a fifteen-thread ratline, is very liable to ohafe and wear from the swaying of the stays, 80 that somstimes it only lasts a day or so, and is therefore considered an insecure footing, and one that ought not to be used without other support, or more than ordinary caution. �As an evidence of how soon this line may become chafed and weakened, and therefore of its insecurity as a foot-rope, it may be mentioned that on the evening before the libellant was hurt, as he came down from f urling the sail, he sat with ail his weight upon this same crane line while he put on this same stop. And yet it broke with him under similar circum- stances within eight hours thereafter. When, therefore, the libellant, who appears to be a man above the average weight, went upon this line in the dark, without any precaution against ����