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FOSTER v. MOORE-McCORMACK LINES

No. 66.

131 F.2d 907 (1942)

FOSTER v. MOORE-McCORMACK LINES, Inc.

Circuit Court of Appeals, Second Circuit.

Writ of Certiorari Denied February 8, 1943.

Attorney(s) appearing for the Case

Jacob Rassner, of New York City (Chas. J. Hyman, of New York City, of counsel), for plaintiff-appellee.

Corydon B. Dunham, of New York City (Eugene J. Davidson, of New York City, of counsel) for defendant-appellant.

Before L. HAND, CHASE and FRANK, Circuit Judges.

Writ of Certiorari Denied February 8, 1943. See 63 S.Ct. 560, 87 L.Ed. ___.

FRANK, Circuit Judge.

1. The jury having returned a verdict in favor of appellee, appellant contends that appellee failed to prove a prima facie case of negligence. We do not agree. There was sufficient evidence for the jury to conclude that appellee fell into a recess or hole in the ship's fire-room, a hole ordinarily covered by a grating, but which was open, having been left open...

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