McCANN v. ANCHOR LINE

No. 476.

79 F.2d 338 (1935)

McCANN v. ANCHOR LINE (Henderson Brothers), Limited, et al.

Circuit Court of Appeals, Second Circuit.

July 1, 1935.


Attorney(s) appearing for the Case

Lord, Day & Lord, of New York City (Thaddeus G. Cowell and Woodson D. Scott, both of New York City, of counsel), for appellant.

Lucien V. Axtell and Francis Cunningham, both of New York City (Joseph A. Fagnant and Silas B. Axtell, both of New York City, of counsel), for appellee.

Before L. HAND, AUGUSTUS N. HAND, and CHASE, Circuit Judges.


PER CURIAM.

The only point requiring discussion in this case is whether the plaintiff was an "invited person" or a "business visitor" while on board the defendant's ship, the Caledonia, in the port of New York. She had gone on board to say good-bye to a friend who was a passenger, and while there caught her foot upon the top of a companionway, which we must assume to have been negligently left out of repair. If she was merely a licensee, the defendant was not liable...

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