LAHDE v. SOC. ARMADORA DEL NORTE

No. 14155.

220 F.2d 357 (1955)

Arne Armus LAHDE, Appellant, v. SOC. ARMADORA DEL NORTE, a Corporation, Claimant of THE Steamship THEOGENNITOR, etc., Appellee.

United States Court of Appeals, Ninth Circuit.

March 16, 1955.


Attorney(s) appearing for the Case

Zabel & Poth, Oscar A. Zabel, Philip J. Poth, Seattle, Wash., for appellant.

Summers, Bucey & Howard, Lane Summers, Charles B. Howard, Lewis H. Johnson, Seattle, Wash., for appellee.

Before DENMAN, Chief Judge, and ORR and POPE, Circuit Judges.


DENMAN, Chief Judge.

Lahde appeals from a decree of the District Court dismissing without a hearing on the merits his amended libel in rem against the steamship Theogennitor in which he, a stevedore, sought damages for injuries arising from his falling into an open hatch in an illy lighted passageway leading to his place of work. The grounds of the dismissal are that the libel failed to allege a cause of action either based on unseaworthiness of the vessel or on negligence...

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