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JOHNSON v. NEW YORK, N. H. & H. R. CO.

No. 74, Docket 22134.

194 F.2d 194 (1952)

JOHNSON v. NEW YORK, N. H. & H. R. CO.

United States Court of Appeals Second Circuit.

Decided February 4, 1952.

Attorney(s) appearing for the Case

Edward R. Brumley, New York City, for appellant; Robert M. Peet, New York City, of counsel.

David M. Fink & Jacquin Frank, New York City, for appellee; Jacquin Frank, New York City, of counsel.

Before SWAN, Chief Judge, FRANK, Circuit Judge, and COXE, District Judge.

SWAN, Chief Judge.

This is an appeal by the defendant from a judgment for the plaintiff after trial to a jury in an action brought under the Jones Act, 46 U.S.C.A. § 688, to recover damages for the death of the plaintiff's intestate. The decedent was an experienced floatman employed on the defendant's tug "Transfer No. 10." He met his death by drowning on April 22, 1946 while the tug was removing two empty carfloats from defendant's Oak Point railroad yard on...

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