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CIVIL v. WATERMAN STEAMSHIP CORPORATION

No. 92, Docket 23147.

217 F.2d 94 (1954)

Elise CIVIL, as Administratrix of the goods, chattels and credits of Alphonse Syville, deceased, Libelant-Appellant, and Anne Syville, as General Guardian of Alphonse Syville, Jr., Marlene Syville, Agnes Syville, Mary Syville and Shawn Syville, Co-Libelant-Appellee, v. WATERMAN STEAMSHIP CORPORATION, Respondent-Appellant,

United States Court of Appeals Second Circuit.

Decided November 12, 1954.

Attorney(s) appearing for the Case

Edward B. Eliezer, New York City, for libelant-appellant.

Herman B. Gerringer, New York City (Jesse L. Rosenberg and Jacquin Frank, New York City, on the brief), for colibelant-appellee.

Edward J. Behrens, New York City (Gay & Behrens, Charles H. Lawson, James A. Hageman, and Mack Kreindler, New York City, on the brief), for respondent-appellant.

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

CLARK, Chief Judge.

Respondent, Waterman Steamship Corporation, appeals from an award under the Jones Act, 46 U.S.C. § 688, and the Death on the High Seas Act, 46 U.S.C. § 761, for the wrongful death of a seaman employed on one of respondent's ships. Alphonse Syville, second cook on the S. S. Kyska, was fatally stabbed on December 10, 1946, by Alfred H. Williams, the chief cook, after an altercation concerning the caliber of Syville's culinary abilities...

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