The Osceola

189 U.S. 158 (1903)

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Nature of the Case

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Facts

The vessel had a movable derrick for the purpose of raising the gangways of the vessel when in port, in order to discharge cargo. D was traveling on Lake Michigan moving against a headwind about 3 miles from port. The master ordered the forward port gangway to be hoisted by means of the derrick, in order that the vessel might be ready to discharge cargo immediately upon arrival at her dock. The gangway to be moved was in good repair and condition. It weighed about 1050 pounds. The order was executed by the crew. As soon as the gangway was swung clear of the vessel, the front end was caught by the wind and turned outward broadside to the wind, and by the force of the wind was pushed aft and pulled the derrick over, which in falling struck and injured P. The mate and the crew in executing the orders of the master were guilty of no negligence in the performance of the work. P charged D claiming the owners were liable for the master’s negligence order. The circuit court certified questions concerning whether the vessel was liable for the injury and whether the ship or the owners were liable to the crewman for the master's negligent directions to the crew.