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DE LUCA v. SHEPARD S. S. CO.

No. 371.

67 F.2d 437 (1933)

DE LUCA v. SHEPARD S. S. CO., Inc.

Circuit Court of Appeal, Second Circuit.

November 13, 1933.

Attorney(s) appearing for the Case

Harry S. Austin, of New York City, for plaintiff-appellee.

Tompkins, Boal & Tompkins, of New York City (Arthur M. Boal and Francis J. Fitzpatrick, both of New York City, of counsel), for defendant-appellant.

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

CHASE, Circuit Judge.

Further consideration of this case has convinced us that there was not, as stated in the original opinion [see (C. C. A.) 65 F.2d 566], sufficient evidence to take the case to the jury on the question of defendant's negligence in furnishing a cable too dry to be fit for the use to which it was to be put; and that the evidence did not present a situation for the application of the doctrine of assumption of risk...

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