MALLORY S. S. CO. v. SIMMONS

No. 4337.

2 F.2d 970 (1924)

MALLORY S. S. CO. v. SIMMONS.

Circuit Court of Appeals, Fifth Circuit.

December 10, 1924.


Attorney(s) appearing for the Case

Ballinger Mills, of Galveston, Tex., for appellant.

W. E. Price, of Galveston, Tex., for appellee.

Before WALKER and BRYAN, Circuit Judges, and DAWKINS, District Judge.


BRYAN, Circuit Judge.

This is a libel in personam, brought by the appellee against the appellant steamship company, to recover damages for personal injuries. The libel alleges that, while the appellee was employed by the appellant as a stevedore, he was injured as the result of appellant's negligent use of a truck in loading crossties on a ship. The defenses were that the truck was in sound condition, and that plaintiff's injuries, if any were suffered, were caused...

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