BRUSZEWSKI v. ISTHMIAN S.S. CO.

No. 9133.

163 F.2d 720 (1947)

BRUSZEWSKI v. ISTHMIAN S. S. CO.

Circuit Court of Appeals, Third Circuit.

Decided June 3, 1947.

Rehearing Denied September 15, 1947.


Attorney(s) appearing for the Case

Abraham E. Freedman, of Philadelphia, Pa. (Freedman, Landry & Lorry, of Philadelphia, Pa., on the brief), for appellant.

Thomas E. Byrne, Jr., of Philadelphia, Pa. (Krusen, Evans & Shaw, of Philadelphia, Pa., on the brief), for appellee.

Before O'CONNELL and KALODNER, Circuit Judges, and FOLLMER, District Judge.


O'CONNELL, Circuit Judge.

Plaintiff appeals a directed verdict in favor of defendant upon two grounds: (1) That there was evidence of negligence on the part of defendant warranting at least submission to a jury, if not a directed verdict in favor of plaintiff; and (2) that the warranty of seaworthiness entitles plaintiff to recovery regardless of the negligence factor.

Much of the evidence adduced at the trial in the court below was conflicting. In view of...

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