46 *·°FnbianA1QnEl>onrnn, vol. 38}* ·`
T j When the Ward took the key-berth,‘previously occupied by the Mar-
mion, and the Marmion was moored outside, ‘with no other means of
·zommunication_with the wharf than_across th/e decks of the Ward, ac-
cording to custom, and necessaril·y,`the master of the Warrl permitted
and invited the officers and crew of the Marmion to go to and from the
shore across the decks of the Ward. Under these circumstances, the re-
lation of the master and of his owners to the libelant was such as to cre-
atea duty on them to see that the libelant was not injured by the negli-
gence of the master. _On the facts made by the libel there was a breach
of that duty, and by the negligence of the master such breach constituted
a maritime tort, of which thetdistrict court had jurisdiction. The ex-
ceptionto the jurisdiction was properly overruled.
The evidence submitted in the case showsthat the practice and cus-
tom on vessels loaded with ·`fruit`are to keep thehatches open at all times
r when the weather will permit,_in order that no damage shall result to the
fruit, and’that, in accordance therewith`, the hatchway on the Ward was
’ left open andluncovered at the time of the accident tolibelant. ” The evi-
dence also shows that the hatchway had a coaming of about 12 inches,
and was lighted by a lamp hanging from the mast at one end of the hatch-
way; that there was a clear passage-way of 5 feet from the ga ngway across
thehdeck of the Ward; that thedeck of the Ward was well lighted with
the electric lights, which stood near by on the shore, (so much so that dur-
ingthe progress of _unloading the quality of fruit, as it came from the hold
of the‘»Ward, could be detected;) and that immediately over the passage-
way, leading from the gangway of the Ward tothe Marrnion, a lamp was
hung., t The weight of the evi ence is to the effect that the libelant, when
he went aboard the Ward to cross over to the Marmion, was intoxicated;
_ so much so, that he had to climb the gang-plank on his hands andknees,
and that his walk, when on the Ward,`was irregular and uncertain. Un-
der this evidence it is difficult to `{ind that the master or owners of the
`Ward were guilty of any negligence leading to the accident complained
ofyvbut it isunnecessary to go particularly into the matter, because, un-
der the evidence, the libelant contributed by his own carelessness and
negligence to the injury he received. This was the view taken of the
case by the district court, whose decree will beaiiirmed. Let the de-
cree beventered. _’ · { j T ( _, ‘ j ‘