KELCEY v. TANKERS COMPANY

No. 77, Docket 23140.

217 F.2d 541 (1954)

Arthur A. KELCEY, Plaintiff-Appellant, v. TANKERS COMPANY Incorporated, Defendant-Appellee-Cross-Appellant.

United States Court of Appeals Second Circuit.

Decided November 22, 1954.


Attorney(s) appearing for the Case

Henry Fogler, New York City, for appellant.

Nelson, Healy, Baillie & Burke, New York City (Allan A. Baillie and Richard T. O'Connell, New York City, of counsel), for appellee.

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


FRANK, Circuit Judge.

1. Plaintiff filed a complaint, on February 5, 1951, alleging defendant's liability for an attack on plaintiff by a fellow seaman, which occurred in January, 1949, on defendant's vessel, Mission San Francisco. At the opening of the trial, on December 22, 1953, the trial judge, over defendant's objection, allowed an amendment of the complaint which alleged that the attack occurred on defendant's vessel...

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