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MEYERS v. PITTSBURGH S. S. CO.

No. 10511.

165 F.2d 642 (1948)

MEYERS v. PITTSBURGH S. S. CO.

Circuit Court of Appeals, Sixth Circuit.

February 5, 1948.

Attorney(s) appearing for the Case

Eugene Bleiweiss, of Cleveland, Ohio (Harry F. Payer and Payer, Bleiweiss, Crow & Mollison, all of Cleveland, Ohio, and Otto K. Mischka, of Elyria, Ohio, on the brief), for appellant.

McAllister Marshall and W. Alexander Eldridge, both of Cleveland, Ohio (McKeehan, Merrick, Arter & Stewart and George William Cottrell, all of Cleveland, Ohio, on the brief; McAlister Marshall and W. Alexander Eldridge, both of Cleveland, Ohio, of counsel), for appellee.

Before HICKS, SIMONS and MARTIN, Circuit Judges.

SIMONS, Circuit Judge.

The problem presented by this appeal is whether, under the circumstances involved, the owner of a ship in dry-dock for reconditioning and repair is under any obligation to an employee of a dry-dock company to avoid the creation of a hazardous condition on the dry-dock by reason of water discharged from the ship onto the dry-dock in freezing weather. The action was one at law begun by the appellant in the Court of Common Pleas of Cuyahoga County...

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