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FERGUSON v. MOORE-McCORMACK LINES

No. 138, Docket 23586.

228 F.2d 891 (1956)

Henry FERGUSON, Plaintiff-Appellee, v. MOORE-McCORMACK LINES, Inc., Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided January 18, 1956.

Attorney(s) appearing for the Case

Dow & Symmers, New York City (Wilbur E. Dow, Jr., and John R. Sheneman, New York City, of counsel), for defendant-appellant.

George J. Engelman, New York City, for plaintiff-appellee.

Before CLARK, Chief Judge, and MEDINA and WATERMAN, Circuit Judges.

MEDINA, Circuit Judge.

Plaintiff was a baker engaged at the time of the accident in serving ice cream in the galley on C deck of defendant's SS Brazil. Using the standard ice cream scoop provided for the purpose, plaintiff disposed of the contents of a half used tub and had worked his way about half way down a full additional tub. There he found the ice cream "as hard as a brickbat," and the scoop became useless. So it occurred to plaintiff that about a foot and a...

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