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SMITH v. SOCONY VACUUM OIL CO. INC.

No. 131.

96 F.2d 98 (1938)

SMITH v. SOCONY VACUUM OIL CO., Inc.

Circuit Court of Appeals, Second Circuit.

April 4, 1938.

Attorney(s) appearing for the Case

Louis Mead Treadwell, of New York City (Henry B. Potter, of New York City, of counsel), for appellant.

George J. Engelman, of New York City, for appellee.

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

AUGUSTUS N. HAND, Circuit Judge.

This is an appeal by the defendant from a judgment in an action by the plaintiff to recover damages (1) under the Jones Act, 46 U.S.C.A. § 688, based on alleged negligence, and (2) to recover for maintenance and cure.

Plaintiff was an oiler working in the engine room of defendant's ship. It was a part of his duty to determine from time to time whether the low-pressure bearing and journal of the engine required lubrication...

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