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WONG BAR v. SUBURBAN PETROLEUM TRANSPORT

No. 220.

119 F.2d 745 (1941)

WONG BAR v. SUBURBAN PETROLEUM TRANSPORT, Inc.

Circuit Court of Appeals, Second Circuit.

May 19, 1941.

Attorney(s) appearing for the Case

Abraham M. Fisch, of New York City, for appellant.

Mahar & Mason, of New York City (Frank C. Mason and Edward L. P. O'Connor, both of New York City, of counsel), for appellee.

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

SWAN, Circuit Judge.

The appellant, a Chinaman who was employed as cook on the defendant's tugboat, sustained personal injuries while attempting to leave the vessel on the afternoon of May 19, 1940. His action under the Jones Act, 46 U.S.C.A. § 688, is predicated on the theory that his injuries resulted from the negligence of a fellow servant. The tugboat was lying at the dock in a Staten Island shipyard for engine repairs. Pursuant to prior instructions, the...

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