THE S. S. SERPA PINTO

No. 16216.

45 F.Supp. 255 (1942)

THE S. S. SERPA PINTO.

District Court, E. D. New York.

May 29, 1942.


Attorney(s) appearing for the Case

Sherman & Goldring, of New York City (Jacquin Frank, of New York City, of counsel), for libelant.

Burlingham, Veeder, Clark & Hupper, of New York City (C. B. M. O'Kelley, of New York City, of counsel), for claimant.


BYERS, District Judge.

The libelant, a third class passenger on the S. S. Serpa Pinto bound from Lisbon to New York, was injured on January 5, 1941, as the result of being struck by a wave which boarded the C deck at the round of the stern on the starboard side.

The sole basis of his claim of negligence is thus stated in his proctor's brief: "The ship was at fault in failing to either rope off all exposed decks...

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