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REY v. COLONIAL NAV. CO.

No. 50.

116 F.2d 580 (1941)

REY v. COLONIAL NAV. CO.

Circuit Court of Appeals, Second Circuit.

January 6, 1941.

Attorney(s) appearing for the Case

Gazan & Caldwell, of New York City, for appellant.

Hatch & Wolfe, of New York City (Carver W. Wolfe and Eli Ellis, both of New York City, of counsel), for appellee.

Before SWAN, CHASE, and CLARK, Circuit Judges.

SWAN, Circuit Judge.

This is an action by a fireman employed on the defendant's steamship Comet from March 21, 1937 to March 5, 1938. The vessel plied between New York and Providence, Rhode Island. The complaint alleges that by reason of the defendant's negligent failure to provide suitable sleeping quarters for the crew the plaintiff contracted pulmonary tuberculosis which still impairs his health and his earning capacity. The first count is based on the Jones Act...

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