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HOWARTH v. UNITED STATES SHIPPING BOARD EMERGENCY F. CORP.

No. 110.

24 F.2d 374 (1928)

HOWARTH v. UNITED STATES SHIPPING BOARD EMERGENCY FLEET CORPORATION et al.

Circuit Court of Appeals, Second Circuit.

February 6, 1928.

Attorney(s) appearing for the Case

Silas B. Axtell, of New York City (Saul Sperling, of New York City, of counsel), for plaintiff in error.

Ralph C. Greene, U. S. Atty., of Sayville, N. Y., Edgar G. Wandless, Dist. Counsel for United States Shipping Board of New York City (Charles A. MacDonald, of counsel), for defendants in error.

Before MANTON, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge (after stating the facts as above).

The vital facts in this case were in dispute. Was the plaintiff, upon the occasion of the accident, engaged in opening the door, and, if so, was he furnished with such a defective appliance for keeping it open that the rolling of the vessel was likely to slam it suddenly and injure him, or was he closing the door, as the cook testified? If the latter, he should have kept hold of the door handle, and...

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