ANDERSON v. CONTINENTAL STEAMSHIP COMPANY

No. 108, Docket 23194.

218 F.2d 84 (1954)

John H. ANDERSON, Plaintiff-Appellee, v. CONTINENTAL STEAMSHIP COMPANY, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided December 31, 1954.


Attorney(s) appearing for the Case

Edward J. Desmond, Buffalo, N. Y. (John E. Drury, Jr., Buffalo, N. Y., on the brief), for plaintiff-appellee.

Russell V. Bleecker, Cleveland, Ohio, and William J. Regan, Buffalo, N. Y., for defendant-appellant.

Before CLARK, Chief Judge, and L. HAND and MEDINA, Circuit Judges.


CLARK, Chief Judge.

Defendant appeals from the judgment on a jury verdict of $26,000 for plaintiff in an action for negligence under the Jones Act, 46 U.S.C. § 688. Errors are attributed to the judge's charge and to his denial of motions for a new trial and for judgment non obstante veredicto.

At the outset we are met by a motion by plaintiff to dismiss the appeal as not timely within F.R.C.P. 73(a). The jury's verdict was rendered on April 1, 1954. Immediately...

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