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SPRAGUE v. TEXAS COMPANY

No. 43, Docket 24593.

250 F.2d 123 (1957)

Wilbert SPRAGUE, Plaintiff-Appellee, v. The TEXAS COMPANY, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided December 6, 1957.

Attorney(s) appearing for the Case

Nathan Baker, New York City (Bernard Chazen, Milton Garber, and Baker, Garber & Chazen, New York City, on the brief), for plaintiff-appellee, Wilbert Sprague.

Gray Williams, New York City (Tompkins, Boal & McQuade, New York City, on the brief), for defendant-appellant, The Texas Co.

Before CLARK, Chief Judge, and LUMBARD and MOORE, Circuit Judges.

PER CURIAM.

The plaintiff, a member of the crew of the SS Wyoming owned and operated by the defendant, was injured when hot water and steam unexpectedly escaped from a water heater in the engine room while he and others were engaged in removing the head of the heater. At the conclusion of a two-day trial before the court and a jury the plaintiff moved for the direction of a verdict, saying "It is a question of negligence and unseaworthiness, and it appears without...

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