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TAYLOR v. CRAIN

Nos. 11479, 11480.

224 F.2d 237 (1955)

OTTO S. TAYLOR, Appellant, v. Max P. CRAIN and Mason W. Crain, Now Amended to Max P. Crain and Jacqueline B. Crain, Administratrix of the Estate of Mason W. Crain, Deceased.

United States Court of Appeals Third Circuit.

Decided June 23, 1955.

Attorney(s) appearing for the Case

Hymen Schlesinger, Pittsburgh, Pa., for appellant.

H. A. Robinson, Pittsburgh, Pa. (Dickie, McCamey, Chilcote, Reif & Robinson, Pittsburgh, Pa., on the brief), for appellees.

Before GOODRICH, McLAUGHLIN and STALEY, Circuit Judges.

GOODRICH, Circuit Judge.

This case, involving an alleged injury to the libellant, a seaman, is here for the second time. Upon the first appeal we sent it back for a finding upon the question of the respondent's prejudice by virtue of laches, 3 Cir., 1952, 195 F.2d 163. After hearing, the district court found that there was no prejudice and also followed the direction of this Court in dismissing the complaint under the Jones Act, 46...

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