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W. E. HEDGER TRANSP. CORP. v. UNITED FRUIT CO.

No. 247, Docket 22221.

198 F.2d 376 (1952)

W. E. HEDGER TRANSP. CORP. v. UNITED FRUIT CO.

United States Court of Appeals Second Circuit.

July 15, 1952.

Attorney(s) appearing for the Case

Nathan, Mannheimer, Asche & Winer, New York City, A. J. Asche, New York City, of counsel, for appellant.

Burlingham, Veeder, Clark & Hupper, New York City, Chauncey I. Clark, Benjamin E. Haller and Curran C. Tiffany, New York City, of counsel, for appellee.

Before SWAN, Chief Judge, and CHASE and CLARK, Circuit Judges.

SWAN, Chief Judge.

This appeal presents an interesting question, namely, the effect of contributory negligence when the plaintiff elects to bring suit for a maritime tort on the law side of a federal district court. Is the admiralty rule of division of damages to be applied or does the common law rule of contributory negligence bar any recovery? Subsidiary questions concern instructions given the jury and the denial of a motion made by each party for a directed verdict...

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