MAUPIN v. ERIE RAILROAD COMPANY

No. 348, Docket 24186.

245 F.2d 461 (1957)

Hollis W. MAUPIN, Plaintiff-Appellant, v. ERIE RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided May 29, 1957.


Attorney(s) appearing for the Case

Delson, Levin & Gordon, New York City, for plaintiff-appellant, Milton H. Spiero and Robert H. Kilroe, New York City, of counsel.

Davis, Polk, Wardwell, Sunderland & Kiendl, New York City, for defendant-appellee, J. Roger Carroll, New York City, of counsel.

Before CHASE, HINCKS and LUMBARD, Circuit Judges.


PER CURIAM.

Concededly, the appellant could have walked back to his post at the stern along the port side of the deck had he chosen to do so. He did not because it had become wet. Though he knew the moored tanker was there, he elected to walk along the side nearest to it while the tug was drifting toward it. He was accustomed to doing a deckhand's work in such close quarters and was bound to act as a prudent deckhand would in the same circumstances. Whether he did...

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