GWINETT v. ALBATROSS S.S. CO.

No. 273, Docket 24118.

243 F.2d 8 (1957)

George P. GWINETT, Plaintiff-Appellant, v. ALBATROSS S.S. CO., Inc., Defendant, and Astra Steamship Corporation, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided April 12, 1957.


Attorney(s) appearing for the Case

Harry D. Graham, New York City, for plaintiff-appellant.

J. Ward O'Neill, of Haight, Gardner, Poor & Havens, New York City (William P. Kain, Jr., New York City, on the brief), for defendant-appellee, Astra S.S. Corp.

Before HINCKS, STEWART and LUMBARD, Circuit Judges.


PER CURIAM.

The plaintiff was instructed to repair a generator without assistance from others. In so doing he injured himself by lifting a part of the machine which on a prior occasion he had handled without injury. The first cause of action was based on negligence in causing this injury.

The appellant contends that it was erroneous to charge the jury that under the Jones Act, 46 U.S.C.A. § 688 negligence should be based on the foreseeability of harm...

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