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BOAT DAGNY v. TODD

No. 4923.

224 F.2d 208 (1955)

BOAT DAGNY, Inc., Defendant, Appellant, v. John TODD, Plaintiff, Appellee.

United States Court of Appeals First Circuit.

June 9, 1955.

Attorney(s) appearing for the Case

James A. Whipple, Jr., Boston, for appellant.

Leo Schwartz, New Bedford, for appellee.

Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.

MAGRUDER, Chief Judge.

John Todd, master of defendant's fishing vessel, suffered injuries in the middle of the night by a fall on a slippery, unlighted deck. He filed a complaint against defendant in three counts. The first count was based upon the Jones Act — § 33 of the Merchant Marine Act of 1920, 46 U.S.C.A. § 688. The third count charged that plaintiff's injuries were due to breach of defendant's warranty...

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