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DESROCHERS v. UNITED STATES

No. 289.

105 F.2d 919 (1939)

DESROCHERS v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

July 10, 1939.

Attorney(s) appearing for the Case

Gregory F. Noonan, U. S. Atty., of New York City (Horace M. Gray and Charles E. Wythe, both of New York City, of counsel), for the United States.

Treacy & Gough, of New York City (Edgar J. Treacy, of New York City, of counsel), for libellant-appellee and cross-appellant.

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

AUGUSTUS N. HAND, Circuit Judge.

The libellant signed ship's articles at Philadelphia as a carpenter on respondent's steamship "Independence Hall". He suffered injuries from a fall on shipboard, for which he now seeks to recover damages. He had previously lost one eye and at the time of the accident wore a glass one on his left side. The trial judge found that the master and mate had been in close proximity to him and that the fact that he wore a glass eye was readily...

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