DIMAS v. LEHIGH VALLEY RAILROAD COMPANY

No. 298, Docket 23938.

234 F.2d 151 (1956)

Marie A. DIMAS, as Administratrix of the goods, chattels and credits of Joseph Dimas, deceased, Plaintiff-Appellant, v. LEHIGH VALLEY RAILROAD COMPANY, Defendant-Appellee. Jose LUACES, Plaintiff-Appellant, v. LEHIGH VALLEY RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided May 24, 1956.


Attorney(s) appearing for the Case

Gay & Behrens, New York City, Edward J. Behrens and George Halpern, New York City, of counsel, for appellant Dimas.

Richard M. Cantor, New York City, for appellant Luaces.

Alexander & Green, New York City (William R. McDermott, New York City, of counsel), for appellee.

Before FRANK, MEDINA and WATERMAN, Circuit Judges.


MEDINA, Circuit Judge.

These are consolidated actions, based on diversity, but governed by maritime law,1 to recover damages for personal injuries to plaintiff Luaces and for the death of Joseph Dimas, plaintiff Dimas' intestate. The court directed the jury to return a verdict for the defendant, and plaintiffs appeal.

The damages complained of arose out of an explosion of the boiler of the Captain C. Mathiasen, a tug on which Luaces...

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