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SMITH v. UNITED STATES

18 F.2d 110 (1924)

SMITH v. UNITED STATES et al.

District Court, S. D. New York.

July 18, 1924.

Attorney(s) appearing for the Case

Austin & Abruzzo, of Brooklyn, N. Y. (Ralph Stout, of New York City, of counsel), for libelant.

William Hayward, U. S. Atty., of New York City (Nathan A. Smyth and J. Ralph Hilton, both of New York City, of counsel), for respondents United States, United States Shipping Board Emergency Fleet Corporation, and Export S. S. Corporation.

GODDARD, District Judge.

This is a suit to recover $50,000 damages for injuries sustained by the libelant, who fell through No. 2 'tween-deck hatch on the steamship Dochet on August 29, 1921, at about 2 p. m., while she was being loaded with a cargo of flour at the Kent Street dock in Brooklyn, New York.

The libelant seeks to recover on the theory that he was not provided with a reasonably safe place wherein to perform his work and the failure of respondents...

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