JONES v. LYKES BROS. STEAMSHIP CO.

No. 245, Docket 22665.

204 F.2d 815 (1953)

JONES v. LYKES BROS. STEAMSHIP CO., Inc.

United States Court of Appeals Second Circuit.

Decided June 4, 1953.


Attorney(s) appearing for the Case

Arthur M. Boal, New York City, Tompkins, Boal & Tompkins, New York City, for the appellant.

Silas Blake Axtell, New York City (Martin G. Stein, New York City, of counsel), for the appellee.

Before SWAN, Chief Judge, and L. HAND and AUGUSTUS N. HAND, Circuit Judges.


L. HAND, Circuit Judge.

The defendant appeals from a judgment in favor of a seaman for personal injuries, arising from an assault by a fellow seaman aboard the defendant's ship, of the crew of which the plaintiff and his assailant were both members. The plaintiff also appeals because of the inadequacy of the damages, and raises the question whether the action should have been tried as a suit in the admiralty; but, since we are holding that the complaint should have...

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