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THUNBERG v. PANAMA R. CO.

No. 85.

139 F.2d 567 (1943)

THUNBERG v. PANAMA R. CO.

Circuit Court of Appeals, Second Circuit.

November 18, 1943.

Attorney(s) appearing for the Case

Silas Blake Axtell, of New York City (Lucien V. Axtell, of New York City, of counsel), for plaintiff-respondent-appellant.

Wayne Johnson, of New York City (Thomas J. Maginnis and Arthur P. Loughran, both of New York City, of counsel), for appellant-respondent.

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

FRANK, Circuit Judge.

There was ample evidence to justify the jury in believing that, when working on defendant's ship and in the course of his employment, Thunberg slipped and fell while descending a ladder; that his fall aggravated an existing hernia, causing it to become strangulated; that this condition caused him pain and suffering and his death. There was evidence that sacks of potatoes were stored near the ladder in such a way that some of them protruded between...

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