BALADO v. LYKES BROS. S. S. CO.

No. 142, Docket 21529.

179 F.2d 943 (1950)

BALADO v. LYKES BROS. S. S. CO., Inc.

United States Court of Appeals Second Circuit.

Decided February 6, 1950.


Attorney(s) appearing for the Case

Paul C. Matthews, New York City, and Robert E. Connolley, New York City, for plaintiff.

Tompkins, Boal & Tompkins, New York City, and Arthur M. Boal, New York City, for defendant.

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


AUGUSTUS N. HAND, Circuit Judge.

This action was originally brought under the Jones Act, 46 U.S.C.A. § 688, by a fireman aboard the defendant's vessel Genevieve Lykes. About March 10, 1944, heavy seas were encountered by the ship and the iron door leading from the deck to the crew's messroom was found to be in a sprung condition, whereby sea water was entering the messroom. The plaintiff had gone to his quarters and...

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