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MALM v. UNITED STATES LINES COMPANY

No. 62 Civ. 2094.

269 F.Supp. 731 (1967)

Elof MALM, Plaintiff, v. UNITED STATES LINES COMPANY, Defendant.

United States District Court S. D. New York.

January 19, 1967.

Attorney(s) appearing for the Case

Fields, Rosen, McElligott & Auslander, New York City, Thomas P. McElligott, New York City, of counsel, for plaintiff.

Kirlin, Campbell & Keating, New York City, Joseph M. Cunningham, New York City, of counsel, for defendant.

WEINFELD, District Judge.

The jury was instructed to report separately a general verdict on the issues of unseaworthiness and negligence. The jury returned a verdict in favor of the plaintiff on the negligence claim. There was ample evidence to support this verdict. The fact that the jury found against the plaintiff on the unseaworthiness claim does not invalidate its verdict on the negligence claim. Inconsistent jury verdicts upon different counts or claims are not...

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