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AHLGREN v. RED STAR TOWING & TRANSP. CO.

No. 281, Docket No. 23115.

214 F.2d 618 (1954)

AHLGREN v. RED STAR TOWING & TRANSP. CO., Inc.

United States Court of Appeals, Second Circuit.

Decided July 14, 1954.

Attorney(s) appearing for the Case

Abraham M. Fisch, New York City (Abraham M. Fisch, Sidney Schiffman and Daniel H. Greenberg, New York City, of counsel), for plaintiff.

Foley & Martin, New York City (Christopher E. Heckman and Francis A. Wade, New York City, of counsel), for defendant.

Before CHASE, Chief Judge, and FRANK and HINCKS, Circuit Judges.

FRANK, Circuit Judge.

1. Defendant's negligence

Defendant asserts the absence of proof of its negligence, and argues that the sole legal cause of plaintiff's injury consisted of his own action in putting his foot on or outside the bow rail.1 But there was evidence from which the jury could reasonably find the following: Plaintiff, acting under the orders of the Ocean King, was attempting to complete the tying up of the Kohl and...

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