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FRATTA v. GRACE LINE

No. 58.

139 F.2d 743 (1943)

FRATTA v. GRACE LINE, Inc.

Circuit Court of Appeal, Second Circuit.

November 17, 1943.

Attorney(s) appearing for the Case

Jacob Rassner, of New York City, for appellant.

Kirlin, Campbell, Hickox, Keating & McGrann, of New York City (Walter X. Connor, Vernon Sims Jones, and James B. Magnor, all of New York City, of counsel), for appellee.

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

FRANK, Circuit Judge.

Adoph Fratta was employed as a seaman from March 10, 1938, to July 11, 1938, aboard defendant's vessel, S.S. "Santa Inez." He died of cancer of the stomach on August 16, 1939. There was testimony from which the jury might reasonably believe that, while in defendant's employ, he ate bad food served to him by defendant. The sole question is whether there was sufficient evidence to go to the jury on the issue of whether the eating of the bad food...

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