UNITED STATES v. SMITH

No. 14726.

220 F.2d 548 (1955)

UNITED STATES of America, Appellant, v. Charlie SMITH, Administrator of the Estate of Jefferson Smith, Deceased, Appellee.

United States Court of Appeals, Fifth Circuit.

March 31, 1955.


Attorney(s) appearing for the Case

Robert Eikel, Brian S. Odem, U. S. Atty., C. B. Smith, Asst. U. S. Atty., Houston, Tex., Malcolm R. Wilkey, U. S. Atty., Royston & Rayzor, Houston, Tex., for appellant.

Arthur J. Mandell, Houston, Tex., Mandell & Wright, Houston, Tex., for appellee.

Before HUTCHESON, Chief Judge, and BORAH and RIVES, Circuit Judges.


RIVES, Circuit Judge.

This action by the administrator for the benefit of the parents and dependents of Jeff Smith, deceased, was brought under the Jones Act, 46 U.S.C.A. § 688, as well as under the admiralty law for unseaworthiness.1

A day or two before September 5, 1946, the S. S. Albert G. Brown had docked at the Standard Oil docks, a finger pier, at Norfolk, Virginia. For ingress and egress the vessel was using an upright...

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