MILLER v. THE SULTANA

No. 279, Docket 21342.

176 F.2d 203 (1949)

MILLER v. THE SULTANA et al.

United States Court of Appeals Second Circuit.

Decided August 3, 1949.


Attorney(s) appearing for the Case

Sparkman D. Foster, of Detroit, Mich. (Foster & Lutz and Allan B. Lutz, all of Detroit, Mich., and Richards & Coffey and Laurence E. Coffey all of Buffalo, N. Y., on the brief), for claimant-appellant.

Edward J. Desmond, of Buffalo, N. Y. (Desmond & Drury and John E. Drury, Jr., all of Buffalo, N. Y., on the brief), for libellant-appellee.

Before SWAN and CHASE, Circuit Judges, and SMITH, District Judge.


SMITH, District Judge.

This is a libel in Admiralty to recover damages for personal injuries sustained by libellant, a prospective employee of the ship, in falling through an open hatch when he tripped over an unidentified object in a passageway beside the hatch.

The case was tried to the jury pursuant to the Great Lakes Act, 28 U.S.C.A. § 770 (1946): 28 U.S.C.A. § 1873 (1948), and decree entered on a verdict in favor of the plaintiff in the amount...

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