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GARDINER v. NEW YORK & PORTO RICO S. S. CO.

No. 61.

146 F.2d 420 (1944)

GARDINER v. NEW YORK & PORTO RICO S. S. CO.

Circuit Court of Appeals, Second Circuit.

December 29, 1944.

Attorney(s) appearing for the Case

Burlingham, Veeder, Clark & Hupper, of New York City (Ray Rood Allen and G. Hunter Merritt, both of New York City, of counsel), for appellant.

Benjamin, Galton & Robbins, of New York City (Ralph Stout, of New York City, and Louis Rothbard, of Brooklyn, N. Y., of counsel), for appellee.

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

AUGUSTUS N. HAND, Circuit Judge.

This action was brought under the Jones Act by the plaintiff, Josephine Gardiner, as administratrix of the estate of her deceased husband, Malcolm Gardiner, a radio operator on the S. S. San Juan, operated by the defendant, New York & Porto Rico Steamship Company, to recover damages for the death of Malcolm Gardiner as the result of the failure of the defendant to provide him with a safe place to work. From a judgment for $17,776...

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