MASJULIS v. UNITED STATES SHIPPING BOARD EMERGENCY FLEET CORPORATION

No. 233.

31 F.2d 284 (1929)

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

Circuit Court of Appeals, Second Circuit.

March 11, 1929.


Attorney(s) appearing for the Case

Paul C. Matthews, of New York City (Raymond Parmer, of New York City, of counsel), for appellant.

Charles H. Tuttle, of New York City (Edgar G. Wandless and Howard C. Campbell, both of New York City, of counsel), for appellees.

Before MANTON, SWAN, and CHASE, Circuit Judges.


CHASE, Circuit Judge (after stating the facts as above).

Since the plaintiff was using the rope under orders, it was error to submit the question of assumption of risk to the jury. Cricket Steamship Co. v. Parry (C. C. A.) 263 F. 523; Panama Railroad Co. v. Johnson (C. C. A.) 289 F. 964.

As was pointed out in the Johnson Case, supra, there is such an obligation upon a seaman to obey the orders of his superiors that he cannot have the freedom of action which...

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