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DE LUCA v. SHEPARD S. S. CO.

No. 371.

65 F.2d 566 (1933)

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

Circuit Court of Appeals, Second Circuit.

May 29, 1933.

Attorney(s) appearing for the Case

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

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

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

CHASE, Circuit Judge.

When the accident happened, the Wind Rush, with a load of lumber, was lying bow in with her starboard side to Pier 65, Brooklyn. A lighter, also bow in, was at her port side receiving drafts of lumber which were raised from the ship by what is called an up and down winch to a position where they could be lowered to the deck of the lighter by slacking off both winches at the same time. The booms of these winches were stationary. The boom of the...

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