SMITH v. TEXAS COMPANY

No. 37, Docket 23112.

219 F.2d 74 (1955)

Alto B. SMITH, Plaintiff-Appellee, v. The TEXAS COMPANY, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided February 2, 1955.


Attorney(s) appearing for the Case

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

Tompkins, Boal & Tompkins, New York City (Arthur M. Boal, New York City, of counsel), for defendant-appellant.

Before CLARK, Chief Judge, and MEDINA and HARLAN, Circuit Judges.


MEDINA, Circuit Judge.

This wholly unnecessary appeal is due to the circumstance that the trial judge followed the all-too-prevalent practice of giving instructions consisting of an aggregate of legal platitudes, which most of the jurors had probably heard repeated on numerous other occasions, without any delineation whatever of the factual issues in the case.

Plaintiff was an ordinary seaman aboard the Alabama, an oil tanker owned by defendant; and he was...

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