Nature of the Case
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Facts
On November 25, 1957, while P was engaged in chipping the bulkhead at the bilges, he slipped and fell, striking his neck on an adjacent pump. The floor of the area in which he was required to work was awash with three or four inches of water, which water included particles of rust. P had obtained a dry turpentine can on which he could stand while working on the bulkhead in order to keep his feet out of the water. While doing chipping and painting work, he fell off the turpentine can, striking the back of his neck on a bilge pump that protruded into the work area. Photographs of the area received in evidence show that it would have been physically impossible for P to stand on the can while chipping and sweeping up rust as claimed. Also, the bilges were dry. P also made claims of damages for injuries sustained on the same vessel when on December 16, 1957, he fell on a slippery portion of a deck passageway injuring his left thigh and straining a muscle. P sued D claiming absolute liability.
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