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HERN v. MORAN TOWING & TRANSPORTATION CO.

No. 42.

138 F.2d 900 (1943)

HERN v. MORAN TOWING & TRANSPORTATION CO., Inc.

Circuit Court of Appeals, Second Circuit.

November 3, 1943.

Attorney(s) appearing for the Case

Paul C. Matthews, of New York City (Archibald F. McGrath, of New York City, of counsel), for plaintiff-appellant.

Macklin, Brown, Lenahan & Speer, of New York City (Leo F. Hanan, of New York City, of counsel), for defendant-appellee.

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

CHASE, Circuit Judge.

The plaintiff is a seaman who brought suit under the Jones Act, 46 U.S.C.A. § 688, in the Southern District of New York to recover his damages resulting from sickness alleged to have been contracted, or to have been aggravated after it had been contracted, because of the negligence of the defendant in permitting his sleeping quarters to become and remain damp; and also to recover for maintenance and cure. The case was tried to a jury, and...

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