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THE JEFFERSON MYERS

No. 18.

45 F.2d 162 (1930)

THE JEFFERSON MYERS. PETTERSON v. STEAMSHIP JEFFERSON MYERS, a Corporation, et al.

Circuit Court of Appeals, Second Circuit.

November 3, 1930.

Attorney(s) appearing for the Case

Saul Sperling, of New York City, for libelant.

Jenkins Dimmick & Finnegan, of New York City (Murray G. Jenkins, of New York City, of counsel), for Steamship Terminal Operating Company.

MacFarland, Taylor & Costello, of New York City (Walter R. Kiernan, of New York City, of counsel), for The Jefferson Myers.

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

PER CURIAM.

The cause of suit against the steamship for maintenance and cure should not have been dismissed [Seely v. City of N. Y., 24 F.2d 412 (C. C. A. 2)], though the liability was secondary to that of the stevedore. A proper award is $600.

It is not important here to determine whether the libelant's contribution to his injuries was by negligence, or assumption of risk. In either case the Steamship Terminal Operating Company...

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