HUBER v. AMERICAN PRESIDENT LINES

No. 97, Docket 24183.

240 F.2d 778 (1957)

Fred HUBER, Plaintiff-Appellant, v. AMERICAN PRESIDENT LINES, Limited, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided February 6, 1957.


Attorney(s) appearing for the Case

Jacob Rassner, New York City, Dorothy Kelleher Meehan, New York City, on the brief, for appellant.

Symmers, Fish, Warner & Nicol, New York City, William G. Symmers, William Warner and William A. Wilson, New York City, of counsel, for appellee.

Before SWAN, MEDINA and WATERMAN, Circuit Judges.


SWAN, Circuit Judge.

Appellant, a seaman employed on a vessel of the appellee, brought this action under the Jones Act, 46 U.S.C.A. § 688, and the general maritime law to recover for personal injuries sustained in a fall on a catwalk constructed to make possible passage along the deck without climbing over deck cargo. A jury trial was waived. On motion of the defendant, the court dismissed the complaint at the close of the plaintiff's evidence. Findings of fact...

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