COUTO v. UNITED FRUIT CO.

No. 182, Docket 22566.

203 F.2d 456 (1953)

COUTO v. UNITED FRUIT CO.

United States Court of Appeals Second Circuit.

Decided March 27, 1953.


Attorney(s) appearing for the Case

Burlingham, Hupper & Kennedy, New York City (Eugene Underwood, Ray Rood Allen and Benjamin E. Haller, New York City, of counsel), for appellant.

William A. Blank, Brooklyn, N. Y., for appellee.

Before SWAN, Chief Judge, and L. HAND and FRANK, Circuit Judges.


FRANK, Circuit Judge.

This was a suit by plaintiff, a seaman, under the Jones Act, 46 U.S.C.A. § 688, for injuries sustained while serving on defendant's ship. At the trial by judge and jury, there was evidence as follows: Plaintiff was directed by the boatswain to "slush" the stays, i. e., to apply a preservative compound to steel cables permanently installed between the ship's side at deck level and a point...

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