SIMPSON v. STANDARD OIL COMPANY (N. J.)

No. 300, Docket 23554.

223 F.2d 306 (1955)

Frederick E. SIMPSON, an infant by Geraldine Simpson, his Guardian ad Litem, Plaintiff-Appellant, v. STANDARD OIL COMPANY (N. J.), Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided June 10, 1955.


Attorney(s) appearing for the Case

Henry Fogler, New York City, for plaintiff-appellant.

Kirlin, Campbell & Keating, New York City (Walter X. Connor, New York City, of counsel), for defendant-appellee.

Before CLARK, Chief Judge, MEDINA, Circuit Judge, and DIMOCK, District Judge.


DIMOCK, District Judge.

Appellant Simpson sued to recover damages for injuries sustained in falling from the athwartships stairs on appellee's ship the Esso Wilmington, on October 27, 1948. The action was based on negligence under the Jones Act, 46 U. S.C. § 688. The case below was grounded almost exclusively upon the theory that appellee negligently suffered the stairs to be covered with sougee water and that the water made the stairs slippery with the result...

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