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STOKES v. UNITED STATES

No. 406.

144 F.2d 82 (1944)

STOKES v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

July 13, 1944.

Attorney(s) appearing for the Case

James B. M. McNally, of New York City (Tompkins, Boal & Tompkins and Arthur M. Boal, all of New York City, of counsel), for respondent-appellant.

Simone N. Gazan, of New York City, for libellant-appellee.

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

FRANK, Circuit Judge.

1. Respondent contends that the libellant's damage was caused by his own negligence in not discharging his duty, as representative of the owner, to examine the governor and put it in seaworthy condition, and that therefore he cannot make that neglect of that duty the basis of his claim, citing United States Steel Products Co. v. Noble, 2 Cir., 10 F.2d 89. Assuming for the moment that, as found by the trial judge...

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