MARTINEZ v. UNITED STATES LINES CO.


1 A.D.2d 875 (1956)

Luis Martinez, Appellant, v. United States Lines Company, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

March 20, 1956


Judgment, so far as appealed from, unanimously affirmed, with costs.

In doing so, however, we cannot approve that portion of the opinion of the learned court below which may be interpreted as requiring absence of contributory negligence for plaintiff's recovery. The action was for damages under the "Jones Act" (U. S. Code, tit. 46, § 688). In Socony-Vacuum Co. v. Smith (305 U.S. 424, 429) it was stated, "Contributory negligence...

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