SCHEFFLER v. MORAN TOWING & TRANSPORTATION CO.

No. 81.

68 F.2d 11 (1933)

SCHEFFLER v. MORAN TOWING & TRANSPORTATION CO., Inc., et al.

Circuit Court of Appeals, Second Circuit.

December 11, 1933.


Attorney(s) appearing for the Case

E. C. Sherwood, of New York City (William L. O'Brion, of New York City, of counsel), for appellant.

Edgar J. Treacy, of New York City, for appellee.

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


L. HAND, Circuit Judge.

The libellant was a cook employed on one of the respondent's harbor tugs. The crew of five consisted of a master, a deckhand, an engineer, a fireman, and the libellant, who engaged not only as cook, but as deckhand if needed. On the morning in question the deckhand failed to appear when the tug left her berth; he boarded the tug only after the accident. Part of the tug's work was to pick up two scows lying side by side at a pier end in the...

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