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MILLER v. FARRELL LINES

No. 367, Docket 24066.

247 F.2d 503 (1957)

Mildred L. MILLER, individually and as Administratrix of the goods, chattels and credits of James W. Miller, deceased, Plaintiff-Appellant, v. FARRELL LINES, Incorporated, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided August 16, 1957.

Attorney(s) appearing for the Case

Herbert J. Kaplow, New York City, for plaintiff-appellant.

Stapleton, Flynn & Lilly, New York City (Daniel Flynn and George W. Sullivan, New York City, of counsel), for defendant-appellee.

Before MEDINA, LUMBARD and WATERMAN, Circuit Judges.

LUMBARD, Circuit Judge.

This is an action brought under the Jones Act, 46 U.S.C.A. § 688, to recover for the alleged wrongful death of James W. Miller, the plaintiff's husband. The complaint alleged that Miller was caused to be "washed overboard" because defendant was "negligent in failing to maintain a proper and adequate guard and watch over" Miller "when they knew or should have known of his disturbed condition; in failing to take adequate and necessary steps...

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