IVES v. UNITED STATES

No. 337.

58 F.2d 201 (1932)

IVES v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

May 2, 1932.


Attorney(s) appearing for the Case

William F. Lally, of New York City (L. F. Fish, of New York City, of counsel), for appellant.

Howard W. Ameli, U. S. Atty., of Brooklyn, N. Y. (Frederick H. Cunningham, of New York City, of counsel), for the United States.

Before MANTON, L. HAND, and CHASE, Circuit Judges.


MANTON, Circuit Judge.

While engaged as a fireman on the S. S. Edenton, appellant made a voyage from New York to Norfolk. The port and starboard ventilators of the fire room were closed and frozen so that they could not be turned. The ventilator turned by means of a reach rod which extended from the fire room to the cowl at deck level, a distance of about 30 feet, at which point the cowl turned on cogs which meshed. At the lower end of the rod was a handle about 15...

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