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LABBEE v. TRAVENOT S. S. CO.

No. 134.

37 F.2d 52 (1930)

LABBEE v. TRAVENOT S. S. CO., Inc.

Circuit Court of Appeals, Second Circuit.

January 6, 1930.

Attorney(s) appearing for the Case

C. Bertrand Race, of Albany, N. Y. (Clarence E. Mellen, of New York City, of counsel), for plaintiff-appellee.

A. G. Senior, of Utica, N. Y., and Haight, Smith, Griffin & Deming, of New York City (E. R. Kraetzer, of New York City, of counsel), for defendant-appellant.

Before L. HAND, SWAN, and MACK, Circuit Judges.

MACK, Circuit Judge.

Plaintiff, a longshoreman, in the employ of a paper company, working at the unloading of freight from a vessel, was severely injured through the negligence of a winchman in operating a winch on the vessel. The only question raised on this appeal from the judgment for plaintiff entered on a verdict is whether or not this defendant is responsible for the consequences of the winchman's negligence.

There is no conflict as to the facts that...

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