![]() He was laid off by Captain Koster in April 1954, but was called back by him after a 30-day layoff and was assigned to the duties of and classified as a deckhand. He was required to inspect aboard the vessel once each hour. His duties consisted of firing and keeping up steam in a shore-based boiler which was maintained alongside the dredge through the winter to keep up enough heat in the vessel to prevent freezing and of generally keeping an eye on the vessel. He worked in the capacity of a watchman 8 hours daily, 7 days a week. He was hired by John Koster, the captain of the Mogul. ![]() He first went to work for defendant on the Mogul in November 1953 as a watchman while the dredge was tied up at the Carnegie dock site at the Duluth-Superior harbor. Between the years 19, the year of the accident, plaintiff had worked on numerous dredges as a deckhand, as a scowman, as a fireman, and as a watchman. The defendant is a corporation engaged in operating dredges on the Great Lakes. ![]() He sustained a skull *30 fracture and other serious injuries. Plaintiff fell to the deck below, landing on a large spool. The wiring he was using broke, causing him to fall backwards through an unprotected opening in the upper deck which resulted from the removal of a muffler. The plaintiff, a resident of Superior, Wisconsin, 54 years of age, was injured when "mousing" a cable, pursuant to defendant's instructions while in its employ on its dredge. Plaintiff appeals from the order denying his motion. The plaintiff thereafter moved the court below for an order setting aside the directed verdict and granting the plaintiff either judgment notwithstanding said verdict and a new trial on the issue of damages only or, in the alternative, a new trial on all issues. ![]() The cases were tried together, and at the close of plaintiff's testimony the court directed a verdict for defendant in each case. The other action was to recover damages for maintenance and cure for the period of plaintiff's disability resulting from the injuries. Brannan, allegedly as a result of the negligence of defendant, Great Lakes Dredge & Dock Company, and of the unseaworthy condition of the dredge Mogul, of which defendant was the owner and upon which defendant employed plaintiff. One action was to recover money damages for personal injuries sustained on July 12, 1955, by plaintiff, Charles C. Meagher, Geer, Markham & Anderson and O.C. ![]()
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