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ORTIZ v. GRACE LINE, INC.

No. 66, Docket 24629.

250 F.2d 124 (1957)

Robert ORTIZ, Plaintiff-Appellee, v. GRACE LINE, Inc., Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided December 2, 1957.

Attorney(s) appearing for the Case

Thomas Coyne, of Kirlin, Campbell & Keating, New York City (Vernon S. Jones, of Kirlin, Campbell & Keating, New York City, on the brief), for defendant-appellant.

Robert Klonsky, of Klonsky & Steinman, New York City (Herman N. Rabson, New York City, and DiCostanzo & Klonsky, Brooklyn, N. Y., on the brief), for plaintiff-appellee.

Before CLARK, Chief Judge, MOORE, Circuit Judge, and LEIBELL, District Judge.

PER CURIAM.

This is an appeal from a jury verdict in a personal injury action brought for negligence under the Jones Act, 46 U.S.C. § 688, and unseaworthiness. Ortiz, a seaman on defendant's ship, injured his back when he fell into a bilge while carrying out orders of the Junior Engineer. Then he aggravated this injury on a subsequent voyage aboard the same ship. His claims were not differentiated in either the complaint or the charge or the answers to interrogatories...

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