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DARLINGTON v. NATIONAL BULK CARRIERS

No. 25, Docket 20257.

157 F.2d 817 (1946)

DARLINGTON v. NATIONAL BULK CARRIERS, Inc.

Circuit Court of Appeals, Second Circuit.

October 30, 1946.

Attorney(s) appearing for the Case

George J. Engelman, of New York City, for plaintiff-appellant.

Reid, Cunningham & Freehill, of New York City (Frederick H. Cunningham, of New York City, of counsel), for defendant-appellee.

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

FRANK, Circuit Judge.

The cases make it clear that the safety of ships at sea might be seriously endangered were the rule in accordance with the judge's charge and not as stated in the requested charge.1 We need not consider whether, in extraordinary circumstances, the well-settled rule might perhaps be inapplicable if orders given were outrageously absurd, for here there were no such circumstances...

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